Pek v. Annucci

Background

Eric Pek, who is incarcerated at Sing Sing Correctional Facility and is proceeding without a lawyer, brought an action under 42 U.S.C. § 1983. He alleges that the defendants denied him the opportunity 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 allowed him to proceed without prepaying the filing fee.

Adding a Defendant

Pek described conduct by Captain N but did not list Captain N in the caption. Because Pek was representing himself and clearly intended to sue Captain N, the court directed the Clerk to add “Captain N” as a defendant under Federal Rule of Civil Procedure 21. The court stated that this amendment did not affect any defenses Captain N might assert.

Service of Process

Because Pek was allowed to proceed without prepaying the filing fee, the court directed the Clerk to prepare summonses and U.S. Marshals Service forms for Anthony Annucci, Commissioner of the New York State Department of Corrections and Community Supervision, and Correctional Sergeant Joseph. The Clerk was also directed to provide the Marshals Service with the documents needed to serve those defendants. If the amended complaint is not served within 90 days after the summonses are issued, Pek should request more time.

Identifying the John Doe Defendants

The court found that Pek had provided enough information for the New York State Attorney General to identify Captain N and the two John Doe defendants allegedly involved in the April 14, 2023 deprivation. The Attorney General must provide their identities, badge numbers, and service addresses to Pek and the court within 60 days of the order. Within 30 days after receiving that information, Pek must file a second amended complaint using the full names. That complaint will replace, rather than supplement, the earlier complaints. The court will then screen the second amended complaint and address service for the newly identified defendants if necessary.

Other Directions and Disposition

The court referred Pek to the New York Legal Assistance Group’s clinic for possible limited-scope assistance. The clinic is a private organization, not part of the court, and Pek would remain responsible for prosecuting the case.

Judge Cathy Seibel directed the Clerk to add Captain N, issue summonses and service materials for Annucci and Sergeant Joseph, send the complaint and order to the New York State Attorney General, provide Pek with information materials, and provide the second amended complaint form. The order did not reach the merits of Pek’s constitutional or statutory claims.