Barzee v. Abdulla

Background

Saio Barzee brought this action under 42 U.S.C. § 1983, a federal law allowing claims that a person acting under state law violated constitutional rights. He alleged that defendants violated his rights while he was confined at Sing Sing Correctional Facility. The court had previously allowed Barzee to proceed without prepaying court fees and had issued service orders for named defendants and defendants initially identified only as John or Jane Does.

The New York State Attorney General’s Office later identified additional defendants, including Officer M. Delacruz and Officer Rodriguez. The court had extended the deadline for serving all defendants to October 30, 2023. Barzee also notified the court that his address had changed and provided an updated address.

Service of process

Because Barzee was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve process. The court instructed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms for Officer M. Delacruz and Officer Rodriguez, issue summonses, and deliver the necessary paperwork to the Marshals Service.

The court explained that the ordinary 90-day service period begins with the filing of a complaint, but that Barzee could not serve the summons and complaint until the court reviewed the complaint and ordered issuance of the summons. The court therefore extended the service period to 90 days after the summons is issued. It stated that Barzee should request an extension if service is not completed within that period. The court also warned that Barzee must notify it in writing of any address change and that the action may be dismissed if he fails to do so.

Disposition

The court directed the Clerk to issue the summonses, complete the service forms with the addresses for Officer M. Delacruz and Officer Rodriguez, and provide the documents to the U.S. Marshals Service. It also directed the Clerk to mail the order and complaint to the New York State Attorney General and an information package to Barzee at his updated address.

Judge Philip M. Halpern certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for purposes of an appeal. This order addressed service and appeal-fee status; it did not decide the merits of Barzee’s civil-rights allegations.