Lind v. Annucci
- Cathy Seibel
- 7:23-cv-06903
- U.S. District Court · Southern District of New York
- 16
In Lind v. Annucci, Judge Seibel ordered service in Lind’s prison-prayer lawsuit, directed identification of two unnamed officers, and denied counsel without prejudice.
Eig idio Lind, Acting Commissioner Anthony Annucci, Sergeant Joseph, the two unnamed correctional officers, the New York State Attorney General’s Office, and the U.S. Marshals Service.
What happened
In Lind v. Annucci, Eig idio Lind, who was incarcerated at Sing Sing Correctional Facility, alleged under a federal civil-rights law that correctional officials denied him the ability to attend a Jumah prayer service on April 14, 2023. He represented himself and had permission to proceed without paying filing fees in advance.
The court directed the U.S. Marshals Service to serve Acting Commissioner Anthony Annucci and Sergeant Joseph. It ordered the New York State Attorney General’s Office to identify two unnamed correctional officers and directed Lind to file a second amended complaint naming them. The court denied Lind’s request for pro bono counsel without prejudice, meaning he may renew it later, and referred him to a legal clinic for possible limited assistance.
Judge Cathy Seibel did not decide whether the defendants violated Lind’s rights. The order addressed service, identification of unnamed defendants, and access to legal assistance while the case proceeds.
The detailed version
- Lind v. Annucci · No. 7:23-cv-06903
- Cathy Seibel
- Sept. 15, 2023
Background
Eig idio Lind, who was incarcerated at Sing Sing Correctional Facility, brought a self-represented action under 42 U.S.C. § 1983. He alleged that the defendants denied him the right to participate in a Jumah prayer service at Sing Sing on April 14, 2023. The defendants named in the operative amended complaint were Acting Commissioner Anthony Annucci in his official capacity, Sergeant Joseph, and two unnamed correctional officers: the officer in charge of Lind’s housing unit and the officer who escorted people to Jumah services.
A prior order allowed Lind to proceed without prepaying filing fees. The court also accepted the action as related to another case. The amended complaint filed on September 12, 2023, was the operative pleading.
Service on Named Defendants
Because Lind was allowed to proceed without prepaying fees, the court directed the Clerk of Court to prepare summonses and service forms for Acting Commissioner Annucci and Sergeant Joseph. The court directed the U.S. Marshals Service to serve those defendants. It stated that Lind must ask for more time if service is not completed within 90 days after the summonses are issued. The court also reminded Lind to notify the court in writing of any address change and stated that the action may be dismissed if he fails to do so.
Identifying the Unnamed Defendants
The court found that Lind had provided enough information to allow the New York State Department of Corrections and Community Supervision to identify the two unnamed officers. It ordered the New York State Attorney General’s Office, as counsel for and agent of that department, to determine each officer’s identity, badge number, and service address and provide that information to Lind and the court within 60 days.
Within 30 days after receiving that information, Lind must file a second amended complaint naming the officers. The second amended complaint will replace, rather than supplement, the existing amended complaint. The court stated that it will screen the second amended complaint and, if necessary, direct service on the newly named defendants.
Request for Counsel
Lind moved for the court to request pro bono counsel. The court considered the governing factors, including the apparent merits of the claims, Lind’s efforts to obtain a lawyer, and his ability to investigate and present the case without one. The court stated that it could not conclude at this stage that the claims were likely to have merit. It therefore denied Lind’s motion for counsel without prejudice to renewal at a later time.
Legal Clinic Referral
The court informed Lind that he may seek limited-scope assistance from the New York Legal Assistance Group Clinic for self-represented civil litigants in the Southern District of New York. The court emphasized that the clinic is a private organization and is not part of the court. Consulting the clinic would not make it Lind’s attorney of record, and Lind would remain responsible for filing papers and meeting court deadlines.
Disposition and Scope of the Order
The court directed issuance and service of process on Annucci and Sergeant Joseph, ordered assistance in identifying the two unnamed officers, and denied Lind’s motion for pro bono counsel without prejudice. It did not decide the merits of Lind’s claim that the defendants denied him participation in Jumah services.
Read the full 16-page opinion on CourtListener, the free public archive maintained by the Free Law Project.