Brown v. Annucci

Background

Byron K. Brown, who the opinion says is incarcerated at Sing Sing Correctional Facility, filed this self-represented action under 42 U.S.C. § 1983. He alleges that the defendants denied him the ability to attend a Jumah prayer service, violating the First and Fourteenth Amendments and the Religious Land Use and Institutionalized Persons Act. The court had previously granted Brown permission to proceed without prepaying filing fees, although the opinion notes that prisoners remain responsible for paying the full filing fee over time.

The defendants named in the caption were Anthony Annucci, identified as Commissioner of the New York State Department of Corrections and Community Supervision; Joseph Sergeant; and two unnamed officers identified as John Doe, Officer in Charge, and John Doe, Escorting Officer. Brown also alleged that “Captain N” issued an email and falsified reports contributing to the alleged denial of his religious rights, but he had not named Captain N as a defendant.

Court’s Actions

Under Federal Rule of Civil Procedure 21, the court directed the clerk to add “Captain N” as a defendant. The court stated that this amendment did not affect any defenses Captain N might assert.

Because Brown was allowed to proceed without prepaying fees, the court directed the clerk to prepare the required U.S. Marshals Service forms, issue summonses, and provide the necessary papers so the Marshals Service could serve Annucci and Sergeant Joseph. The court stated that if service was not completed within 90 days after the summonses were issued, Brown should request more time. It also required Brown to notify the court in writing if his address changed and warned that the case could be dismissed if he failed to do so.

The court further directed the New York State Attorney General to determine the identities, badge numbers, and service addresses of the two John Doe defendants. The Attorney General was ordered to provide that information to Brown and the court within 60 days of the order. Brown then had 30 days after receiving the information to file an amended complaint naming the John Doe defendants. The court explained that the amended complaint would replace, rather than supplement, the original complaint, and that it would screen the amended complaint before directing any additional service.

Legal Assistance and Disposition

The court referred Brown to the New York Legal Assistance Group’s clinic for self-represented civil litigants. The order explained that the clinic is a private organization, not part of the court, and that Brown would remain responsible for filing documents and meeting deadlines unless the clinic separately agreed to represent him.

This was an order concerning case administration and service, not a decision on the merits. Judge Seibel directed the clerk to add Captain N, issue service materials for Annucci and Sergeant Joseph, mail the order and complaint to the New York State Attorney General, refer Brown to the clinic, and mail Brown an information package. The opinion does not state that the court dismissed or resolved any of Brown’s claims.