Black v. Rowe
- Philip Halpern
- 7:23-cv-03677
- U.S. District Court · Southern District of New York
- 9
In Black v. Rowe, Judge Halpern ordered service of the complaint and discovery steps but did not decide the assault allegations.
Marcus Black, who must monitor service and address requirements; Devoy Rowe, who must be served and respond to the specified discovery requests; and the court and U.S. Marshals Service, which must carry out the service instructions.
What happened
In Black v. Rowe, Marcus Black, who is incarcerated and representing himself, alleges that Correctional Officer Devoy Rowe sexually and physically assaulted him in violation of the Eighth Amendment. The court had already allowed Black to proceed without paying filing fees upfront.
The court directed the Clerk to issue a summons and have the U.S. Marshals Service serve Rowe. It also applied a local rule requiring Rowe to answer specified discovery requests within 120 days. Black was told to notify the court of any address change and was given information about optional, limited assistance from the New York Legal Assistance Group.
Judge Halpern did not decide whether Rowe assaulted Black or violated his constitutional rights. The court also denied permission to proceed without paying fees for any appeal from this order, finding that an appeal would not be taken in good faith.
The detailed version
- Black v. Rowe · No. 7:23-cv-03677
- Philip Halpern
- May 9, 2023
Background
Marcus Black, who is incarcerated at Green Haven Correctional Facility and is proceeding without a lawyer, sued Devoy Rowe, identified as a correctional officer, under 42 U.S.C. § 1983. Black alleges that Rowe sexually and physically assaulted him in violation of the Eighth Amendment. Chief Judge Laura Taylor Swain had previously allowed Black to proceed without paying filing fees upfront.
Service of the Complaint
Because Black was allowed to proceed without paying fees upfront, the court directed the Clerk of Court to issue a summons, complete a U.S. Marshals Service process form, and provide the Marshals Service with the documents needed to serve Rowe. The court stated that service must occur within 90 days after the summons is issued, unless Black requests an extension. The court also required Black to notify it in writing if his address changes and stated that the case could be dismissed if he fails to do so.
Discovery
The court ruled that Local Civil Rule 33.2 applies. Under that rule, Rowe must serve responses to the specified standard interrogatories and document requests within 120 days after the order. The responses must quote each discovery request word for word.
Legal Assistance
The court informed Black that he may seek limited-scope assistance from the New York Legal Assistance Group’s clinic for people representing themselves in civil cases. The court explained that the clinic is a private organization and is not part of the court. Black would remain responsible for filing documents and for his case unless the clinic separately agrees to represent him.
Disposition
Judge Halpern ordered the Clerk to mail Black an information package, issue the summons for Rowe, and send the service materials to the Marshals Service. The court confirmed that Local Civil Rule 33.2 applies and attached information about the legal clinic. It did not decide the merits of Black’s allegations. The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.