Ison v. Kachappilly

Background

Jerry Ison, who is incarcerated at Orleans Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. The court had allowed Ison to proceed without prepaying filing fees. Because of that status, the court explained that Ison could rely on the court and the U.S. Marshals Service to carry out service of process.

The complaint named a “Jane Doe, Nurse Administrator.” In an earlier order, the court directed the New York State Attorney General to identify that person. The Attorney General provided information identifying the person as Roa Rosario.

Order

The court directed the Clerk of Court to add Roa Rosario as a defendant in the caption and on the docket. To permit service through the U.S. Marshals Service, the Clerk was directed to complete a U.S. Marshals Service Process Receipt and Return form, prepare a summons, and deliver the summons and other necessary documents to the Marshals Service for service at Sing Sing Correctional Facility.

The Clerk was also directed to mail a copy of the order to Ison and record the mailing on the docket. The order states that if the complaint is not served within 90 days after the summonses are issued, Ison should request an extension of time. It also states that Ison must notify the court in writing if his address changes and that the court may dismiss the action if he fails to do so.

Disposition

This supplemental order addressed identifying and serving a previously unnamed defendant. It did not decide the merits of Ison’s claims. Judge Nelson S. Roman directed the Clerk to issue the summons, complete the service form, provide the documents to the Marshals Service, and add Roa Rosario to the case.