McPhee v. Laino
- Vincent Briccetti
- 7:22-cv-10095
- U.S. District Court · Southern District of New York
- 2
In McPhee v. Laino, Judge Briccetti extended service to two defendants and stayed all defendants’ response deadlines.
Aasim McPhee, defendants Brendan Haberin and Latanya Taylor, and all defendants whose response deadlines were stayed.
What happened
In McPhee v. Laino, Aasim McPhee, representing himself and without paying filing fees in advance, filed a second amended complaint adding seven defendants. The court had already arranged service for five of them, but service on Brendan Haberin and Latanya Taylor had not been completed.
The New York Attorney General’s Office told the court that Haberin and Taylor could be served through the Department of Corrections and Community Supervision’s Office of Counsel. The court therefore directed the Clerk and the U.S. Marshals Service to prepare and carry out service at that address.
The court extended the deadline to serve Haberin and Taylor to December 31, 2023, and stayed the deadline for all defendants to answer or otherwise respond until further court order. Judge Vincent L. Briccetti also denied McPhee permission to appeal without paying fees.
The detailed version
- McPhee v. Laino · No. 7:22-cv-10095
- Vincent Briccetti
- Oct. 24, 2023
Background
Aasim McPhee, proceeding without a lawyer and without prepaying filing fees, filed a second amended complaint on July 5, 2023. The complaint added Corrections Officers Heshema Thomas, Curtis Egloff, Brian Collins, Latanya Taylor, Jacqueline Webber, Brendan Haberin, and Melissa Cuomo as defendants.
The court previously directed the Clerk to issue summonses and provide the U.S. Marshals Service with the documents needed to serve the newly added defendants. Service was completed for Collins, Cuomo, Egloff, Thomas, and Webber. Service on Haberin and Taylor was initially unsuccessful because Green Haven Correctional Facility reported that they were not on the current duty roster.
The court then asked the New York Attorney General’s Office whether it would accept service for Haberin and Taylor or provide alternative addresses. The office later reported that service could be made through the Department of Corrections and Community Supervision Office of Counsel.
Court’s Order
The court ordered the Clerk to complete the U.S. Marshals Service forms for Haberin and Taylor using the Office of Counsel’s address, issue summonses, and provide the Marshals Service with the paperwork needed to serve them. The court extended the deadline to serve the second amended complaint on Haberin and Taylor to December 31, 2023.
The court also ordered that the time for all defendants to answer, file motions, or otherwise respond to the second amended complaint was stayed pending further court order. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.
Classification
This is a procedural order because it addresses service of process, response deadlines, and appeal-fee status rather than deciding the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.