Roque v. Annucci
- Cathy Seibel
- 7:23-cv-06906
- U.S. District Court · Southern District of New York
- 15
In Roque v. Annucci, Judge Seibel ordered service and John Doe identification but did not decide the religious-practice claims.
Apolinar Roque must pursue service and, after receiving the John Doe information, file a second amended complaint. The Clerk of Court, the U.S. Marshals Service, the New York State Attorney General, and the named defendants have the duties or responsibilities described in the order.
What happened
Apolinar Roque, who is incarcerated at Sing Sing Correctional Facility and is representing himself, alleges in Roque v. Annucci that officials denied him access to a Jumah prayer service. He brings claims under federal civil-rights laws, the First and Fourteenth Amendments, and the Religious Land Use and Institutionalized Persons Act.
The court directed the Clerk of Court and the U.S. Marshals Service to serve Acting Commissioner Anthony Annucci, Correctional Sergeant B. Joseph, and C.O. Jackson. It also directed the New York State Attorney General to identify the John Doe defendant within 60 days, after which Roque must file a second amended complaint within 30 days. The court referred Roque to a legal clinic that assists people representing themselves.
Judge Cathy Seibel’s order addressed service and case administration, not whether Roque’s claims are valid. The court did not rule on the alleged denial of prayer services or on the requested relief.
The detailed version
- Roque v. Annucci · No. 7:23-cv-06906
- Cathy Seibel
- Oct. 18, 2023
Background
Apolinar Roque, who is incarcerated at Sing Sing Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleges that the defendants denied him the right to attend a Jumah prayer service, violating the First and Fourteenth Amendments and the Religious Land Use and Institutionalized Persons Act. The opinion states that the court had previously allowed Roque to proceed without prepaying filing fees.
Service on Named Defendants
Because Roque was allowed to proceed without prepaying fees, the court directed the Clerk of Court to issue summonses and complete the U.S. Marshals Service forms for Acting Commissioner Anthony Annucci, Correctional Sergeant B. Joseph, and C.O. Jackson. The Clerk was directed to deliver the necessary documents to the Marshals Service so it could serve those defendants. The court stated that service must occur within 90 days after the summonses are issued, and that Roque should request more time if service is not completed by then.
Identifying the John Doe Defendant
The court found that Roque had provided enough information for the New York State Department of Corrections and Community Supervision to identify the John Doe defendant involved in the alleged April 14, 2023 deprivation. The court directed the New York State Attorney General to provide the defendant’s identity, badge number, and service address to Roque and the court within 60 days.
After receiving that information, Roque must file a second amended complaint within 30 days. The second amended complaint will replace, rather than supplement, the earlier complaints. The court stated that it will screen the second amended complaint and, if necessary, direct the Clerk to arrange service on the identified defendant.
Other Directions
The court referred Roque to the New York Legal Assistance Group’s clinic for people representing themselves in civil cases. The court emphasized that the clinic is a private organization and is not part of the court. The Clerk was also directed to mail the order and complaint to the New York State Attorney General and to send Roque an information package.
Disposition and Scope
Judge Cathy Seibel entered an order directing service, identification of the John Doe defendant, filing of a second amended complaint, and related administrative steps. The order did not decide the merits of Roque’s constitutional or statutory claims.
Read the full 15-page opinion on CourtListener, the free public archive maintained by the Free Law Project.