McTerrell v. Doe

Background

Sean McTerrell, who is incarcerated at Groveland Correctional Facility, brought this pro se action under 42 U.S.C. § 1983, a federal law that allows claims against state officials for violating constitutional rights. He alleges that defendants denied him adequate medical care while he was incarcerated at various New York State correctional facilities.

The case was originally filed in the Western District of New York. That court directed the claims concerning Fishkill, Sullivan, and Downstate Correctional Facilities to be separated from the other claims and transferred to the Southern District of New York. Because the separated claims became a new civil action, Chief Judge Laura Taylor Swain required McTerrell to pay the filing fees or submit a new application to proceed without prepaying them. McTerrell submitted the required materials, and Chief Judge Swain granted permission to proceed without prepayment of fees.

Service on Named Defendants

Because McTerrell was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve process. The court instructed the Clerk of Court to issue summonses, complete the Marshals Service forms, and provide the necessary paperwork for service on Nurse Cybaum, Dr. Guzman, Dr. Amed, and R.N. Lacosta.

The court stated that service must occur within 90 days after the summonses are issued. It also stated that McTerrell should request an extension of time if the amended complaint is not served within that period. McTerrell was directed to notify the court in writing of any address change.

Identifying Unnamed Defendants

The court found that McTerrell had provided enough information for the New York State Department of Corrections and Community Supervision to identify the unnamed defendants involved in the alleged events at Fishkill, Sullivan, and Downstate. The court therefore directed the New York State Attorney General to determine the identities, badge numbers, and service addresses of the John and Jane Doe defendants and provide that information to McTerrell and the court within 60 days.

Within 30 days after receiving that information, McTerrell must file an amended complaint naming those defendants. The amended complaint will replace, rather than supplement, the original complaint. After it is filed, the court will screen it and may issue additional instructions concerning service.

Disposition and Effect

Judge Kenneth M. Karas entered an order of service. The Clerk of Court was instructed to issue summonses and provide the required service materials for Nurse Cybaum, Dr. Guzman, Dr. Amed, and R.N. Lacosta. The New York State Attorney General was directed to identify the unnamed defendants. The order did not rule on the merits of McTerrell’s medical-care allegations; the amended complaint was to be screened later.