Genao v. Rivera
- George Daniels
- 1:20-cv-10563
- U.S. District Court · Southern District of New York
- 2
In Genao v. Rivera, Magistrate Judge Valerie Figueredo ordered New York officials to provide addresses needed to serve three former correction employees.
Gabino Genao; defendants C.O. Kisson, C.O. Shaw, and J. Dwyer; the New York City Law Department; the New York City Department of Correction; and the Clerk of Court and U.S. Marshals Service involved in serving the defendants.
What happened
Genao v. Rivera concerns Gabino Genao’s effort to serve three defendants who the New York City Department of Correction said were no longer its employees. The opinion states that Genao is representing himself and is not paying filing fees.
The court directed the New York City Law Department to provide residential addresses for C.O. Kisson, C.O. Shaw, and J. Dwyer to Genao and the court within 30 days. The addresses could be submitted privately to protect the former employees’ privacy. The court also directed the Clerk to mail the order and complaint to the Law Department.
Magistrate Judge Valerie Figueredo entered the order in Genao v. Rivera. The order explained that, after receiving the addresses, the court would direct the Clerk to complete service forms and provide the necessary documents to the U.S. Marshals Service.
The detailed version
- Genao v. Rivera · No. 1:20-cv-10563
- George Daniels
- Sept. 15, 2023
Background
Gabino Genao is proceeding without a lawyer and without prepaying filing fees. The court had previously asked the New York City Department of Correction and the New York City Law Department to waive service of summons for C.O. Kisson, Capt. Lacroix, C.O. Shaw, and J. Dwyer.
The Department of Correction filed an unexecuted waiver stating that Kisson, Shaw, and Dwyer were no longer Department of Correction employees. The opinion also notes that a later filing described as an executed waiver for Dwyer appeared to concern Jaqueline Cooper, who is not a party to this case. The court stated that the filing may have been mistakenly docketed and instructed the Department of Correction to file a corrected waiver for Dwyer if Dwyer remained an employee and the Department intended to waive service.
Order
The court directed the New York City Law Department, as counsel for the Department of Correction, to provide residential addresses for Kisson, Shaw, and Dwyer to Genao and the court within 30 days. The Law Department could submit the addresses privately to the court to protect the former employees’ privacy.
After receiving the address information, the court stated that it would direct the Clerk of Court to complete the USM-285 forms and deliver the documents needed to serve the three defendants to the U.S. Marshals Service. The Clerk was also directed to mail a copy of the order and complaint to the New York City Law Department.
Disposition
Magistrate Judge Valerie Figueredo entered an order directing the Law Department and Clerk of Court to take these service-related steps. The opinion does not state that service had already been completed or rule on the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.