Ramos v. Annucci

Background

Ivan Ramos, who is incarcerated at Sing Sing Correctional Facility, filed a 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 defendants named in the operative amended complaint are Acting Commissioner Anthony Annucci, sued in his official capacity; Sergeant Bermann Joseph; and two correction officers identified as John Doe defendants. The opinion states that Chief Judge Laura Taylor Swain had previously allowed Ramos to proceed without prepaying filing fees.

Service on Named Defendants

Because Ramos was allowed to proceed without prepaying fees, the court directed the Clerk of Court to issue summonses and prepare the documents needed for the U.S. Marshals Service to serve Acting Commissioner Annucci and Sergeant Joseph. The court stated that service must occur within 90 days after the summonses are issued, and that Ramos should request an extension if service is not completed within that period. The court also required Ramos to notify the court in writing of any address change.

Identifying the John Doe Defendants

The court found that Ramos had provided enough information for the New York State Attorney General to identify the two unnamed correction officers: the officer in charge of Ramos’s housing unit on April 14, 2023, and the officer who escorted him to Jumah services that day. The Attorney General was ordered to provide the officers’ identities, badge numbers, and service addresses to Ramos and the court within 60 days of the order. Within 30 days after receiving that information, Ramos must file a second amended complaint naming the officers. That complaint will replace, rather than supplement, the existing amended complaint, and the court will then screen it.

Request for Counsel

Ramos asked the court to request pro bono counsel, meaning a lawyer willing to represent him without charge. The court considered the factors governing such requests, including the apparent merits of the claims, Ramos’s efforts to obtain a lawyer, and his ability to investigate and present the case without one. The court stated that it could not conclude at that stage that the claims were likely to have merit. It therefore denied the motion for counsel without prejudice to renewal at a later date.

Other Assistance and Disposition

The court referred Ramos to the New York Legal Assistance Group Clinic, a private organization that provides limited assistance to people representing themselves in civil cases in the Southern District of New York. The court clarified that the clinic is not part of the court and cannot file papers for Ramos. Judge Cathy Seibel ordered service on Annucci and Joseph, directed the Attorney General to help identify the two John Doe defendants, and denied Ramos’s motion for pro bono counsel without prejudice to renewal. The order did not decide the merits of Ramos’s claim about the Jumah prayer service.