Rivera v. Thompkin's
- Kenneth Karas
- 7:23-cv-02503
- U.S. District Court · Southern District of New York
- 4
In Rivera v. Thompkins, Judge Karas ordered Marshals service, applied automatic discovery, and denied fee-free appeal status in Rivera’s civil-rights case.
Raymond Rivera and Ms. Thompkins; the order also directs actions by the Clerk of Court and the U.S. Marshals Service.
What happened
Raymond Rivera, who is incarcerated and proceeding without a lawyer, sued Correctional Officer Ms. Thompkins under a federal civil-rights law, alleging constitutional violations. The court had already allowed Rivera to proceed without paying court fees in advance.
Judge Kenneth M. Karas ordered the Clerk of Court to issue a summons and provide the U.S. Marshals Service with the documents and address needed to serve Thompkins. The court also applied a local rule requiring automatic discovery in certain prisoner cases, including responses from Thompkins within 120 days after service.
In Rivera v. Thompkins, Judge Karas also directed the Clerk to send Rivera information about a legal clinic and ruled that an appeal from the order would not qualify for fee-free status. The order did not decide whether Thompkins violated Rivera’s constitutional rights.
The detailed version
- Rivera v. Thompkin's · No. 7:23-cv-02503
- Kenneth Karas
- Apr. 28, 2023
Background
Raymond Rivera, who is incarcerated at Green Haven Correctional Facility, filed a civil-rights action under 42 U.S.C. § 1983. He alleged that Ms. Thompkins, identified as a correctional officer, violated his constitutional rights. Rivera is proceeding without a lawyer. The court had granted his request to proceed without paying court fees in advance, although the order notes that prisoners remain responsible for the full filing fee under the applicable statute.
Service of the Defendant
Because Rivera was allowed to proceed without paying fees in advance, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendant. The court directed the Clerk of Court to complete the Marshals Service process forms, issue a summons, and send the necessary paperwork to the Marshals Service.
The court explained that service must occur within 90 days after the summons is issued. If the complaint is not served within that period, Rivera should request additional time. The court also stated that Rivera must notify the court in writing if his address changes and that the action could be dismissed if he fails to do so.
Legal Clinic Information
The court informed Rivera that he may consult the New York Legal Assistance Group’s clinic for limited assistance in civil cases involving people without lawyers. The court explained that the clinic is separate from the court and cannot file papers for him. The Clerk was directed to mail Rivera the clinic’s information, retainer, and intake forms.
Automatic Discovery
The court ruled that Local Civil Rule 33.2 applies to the action. Under that rule, Thompkins must respond to specified discovery requests in certain prisoner cases. The responses must be served within 120 days after service of the complaint, and they must quote each discovery request verbatim.
Disposition
The court directed the Clerk to issue the summons and arrange for Marshals Service, confirmed that Local Civil Rule 33.2 applies, and directed that information about the legal clinic be mailed to Rivera. The court certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not resolve the merits of Rivera’s constitutional-rights allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.