Howard v. Annucci
- Cathy Seibel
- 7:23-cv-06923
- U.S. District Court · Southern District of New York
- 16
In Howard v. Annucci, Judge Cathy Seibel ordered service and defendant identification but denied Howard’s request for pro bono counsel without prejudice.
Alfonso A. Howard, Anthony Annucci, Correctional Sergeant Joseph, the two unidentified John Doe defendants, the New York State Attorney General, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Howard v. Annucci, Alfonso A. Howard, who is incarcerated and representing himself, alleges that he was denied a Jumah prayer service on April 14, 2023. The court had already allowed him to proceed without paying filing fees upfront.
The court ordered the Clerk and U.S. Marshals Service to prepare and serve the amended complaint on Anthony Annucci and Correctional Sergeant Joseph. It also ordered the New York State Attorney General to identify two John Doe defendants and provide their badge numbers and service addresses. Howard must then file a second amended complaint naming those defendants.
Judge Cathy Seibel denied Howard’s request for pro bono counsel without prejudice, because the case was still too early for the court to assess its merits. The court referred Howard to the New York Legal Assistance Group’s clinic for possible limited assistance and set service and amendment procedures.
The detailed version
- Howard v. Annucci · No. 7:23-cv-06923
- Cathy Seibel
- Aug. 29, 2023
Background
Alfonso A. Howard filed this action while incarcerated at Sing Sing Correctional Facility and representing himself. His amended complaint asserts claims arising from the denial of Jumah prayer service on April 14, 2023. The court had previously granted his request to proceed without prepaying filing fees.
Service on Named Defendants
Because Howard was allowed to proceed without prepaying filing fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court instructed the Clerk to prepare service forms, issue summonses, and provide the Marshals Service with the documents needed to serve DOCCS Commissioner Anthony Annucci and Correctional Sergeant Joseph. The court extended the service deadline to 90 days after the summonses are issued. It stated that Howard should request an extension if the amended complaint is not served within that period.
John Doe Defendants
The amended complaint also names two John Doe defendants. The court ordered the New York State Attorney General, identified as DOCCS’s attorney and agent, to determine the identity, badge number, and service address of each John Doe defendant and provide that information to Howard and the court within 60 days of the order. Within 30 days after receiving the information, Howard must file a second amended complaint naming those defendants. The court stated that the second amended complaint will replace, rather than supplement, the earlier complaint, and that the court will then screen it and, if necessary, direct further service.
Request for Counsel
Howard requested appointment of pro bono counsel, meaning a lawyer without charge. The court explained that it considers the apparent merits of the case, the plaintiff’s efforts to obtain a lawyer, and the plaintiff’s ability to investigate and present the case without a lawyer. Because the case was at an early stage and the court could not yet assess its merits, it denied Howard’s request for pro bono counsel without prejudice.
Other Directions and Disposition
The court referred Howard to the New York Legal Assistance Group’s Pro Se Clinic for possible limited-scope assistance. The court emphasized that the clinic is a private organization, not part of the court, and that Howard would remain responsible for filing court papers and meeting deadlines. The court also ordered the Clerk to mail the order and complaint to the New York State Attorney General and to send Howard a second amended complaint form and information package. The order did not decide the merits of Howard’s claims.
Read the full 16-page opinion on CourtListener, the free public archive maintained by the Free Law Project.