Martinez v. Annucci

Background

Alex Martinez, who is incarcerated at Sing Sing Correctional Facility, filed this self-represented action under 42 U.S.C. § 1983. He alleges that the defendants denied him the right to participate in a Jumah prayer service at Sing Sing on April 14, 2023. The amended complaint names Acting Commissioner Anthony Annucci in his official capacity, Sergeant Joseph, an unnamed officer in charge, and an unnamed escorting officer.

The court had previously allowed Martinez to proceed without prepaying filing fees. The amended complaint was the operative pleading, and the court had accepted the case as related to another action.

Service of Process

Because Martinez was allowed to proceed without prepaying fees, the court directed the Clerk of Court to issue summonses and prepare the required U.S. Marshals Service forms for Anthony Annucci and Sergeant Joseph. The Clerk was also directed to give the Marshals Service the documents needed to serve those defendants.

The court stated that service must be completed within 90 days after the summonses are issued. If service is not completed in that period, Martinez should request more time. The court also instructed Martinez to notify the court in writing of any address change and stated that the action may be dismissed if he fails to do so.

Unnamed Defendants

The court found that the amended complaint provided enough information for the New York State Attorney General to identify the two unnamed correctional officers: the officer in charge of Martinez’s housing unit on April 14, 2023, and the officer who escorted him to Jumah services that day.

The court ordered the Attorney General to determine each officer’s identity, badge number, and service address within 60 days. Within 30 days after receiving that information, Martinez must file a second amended complaint naming the officers. That complaint will replace, rather than supplement, the existing amended complaint. The court will then screen the new complaint and, if necessary, direct service on the newly identified defendants.

Request for Volunteer Counsel

Martinez asked the court to request volunteer counsel. In considering such a request, the court considered the apparent merits of the claims, Martinez’s efforts to obtain a lawyer, and his ability to investigate and present the case without assistance. The court stated that it could not conclude at this stage that the claims were likely to have merit.

Ruling

Judge Cathy Seibel denied Martinez’s motion for the court to request volunteer counsel without prejudice to renewal at a later time. The court also referred Martinez to the New York Legal Assistance Group Clinic, which may provide limited assistance to people representing themselves in civil cases. The order directed the Clerk of Court to issue the service documents and mail copies of the order and complaint to the New York State Attorney General’s Office.