Barzee v. Abdulla

Background

Saio Barzee, who is incarcerated at Lakeview Shock Incarceration Correctional Facility, brought this action under 42 U.S.C. § 1983. He alleges that defendants violated rights protected by the First, Eighth, and Fourteenth Amendments while he was confined at Sing Sing Correctional Facility. The alleged claims include excessive force, failure to protect, inadequate medical care, denial of due process, retaliation, interference with legal mail, and inadequate training. The opinion does not decide whether these allegations are true or whether Barzee will prevail.

The court had already granted Barzee permission to proceed without prepaying filing fees. Barzee asked the court to direct service by the U.S. Marshals Service and separately applied for a lawyer appointed at no cost to him.

Service and Unnamed Defendants

Because Barzee was allowed to proceed without prepaying fees, the court granted his request for service by the U.S. Marshals Service. The Clerk of Court was directed to issue summonses, complete service forms for the 18 named defendants, and provide the necessary documents to the Marshals Service. The court extended the service period so that service would be due 90 days after the summonses were issued. The court also stated that Barzee should request an extension if service was not completed within that period and must notify the court in writing of any address change.

Barzee also identified unnamed John and Jane Doe defendants. The court found that the complaint provided enough information for the New York State Department of Corrections and Community Supervision to identify them. It directed the New York State Attorney General, as the attorney for and agent of that department, to determine each Doe defendant’s identity, shield number, and service address within 60 days. After receiving that information, the court said it would treat the complaint as amended to name those defendants and direct the Clerk to prepare the service forms.

Discovery

The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to answer specified discovery requests. The defendants must serve responses to those requests within 120 days of the order and must quote each request verbatim in their responses.

Request for Counsel

The court denied Barzee’s application for pro bono counsel without prejudice to renewal later. The court explained that the merits of the case receive the most attention when deciding whether to appoint counsel, but that the case was at too early a stage for the court to assess its merits.

The court also informed Barzee about the New York Legal Assistance Group’s clinic for self-represented civil litigants in the Southern District of New York. The court explained that the clinic is a private organization, not part of the court, and that consulting it would not shift Barzee’s filing responsibilities to the clinic.

Disposition

The court granted Barzee’s request for service by the U.S. Marshals Service and denied his application for pro bono counsel without prejudice to later renewal. It directed the Clerk to issue summonses and send the required materials for service, directed the Attorney General to provide information about the Doe defendants, and confirmed that Local Civil Rule 33.2 applies. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Philip M. Halpern did not decide the underlying civil-rights allegations in this order.