Salley v. Capra

Background

Sean Salley, who is incarcerated at Shawangunk Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983. He alleges that, while incarcerated at Green Haven Correctional Facility, the defendants treated him differently from similarly situated prisoners in violation of the Fourteenth Amendment’s Equal Protection Clause.

The court previously allowed Salley to proceed without prepaying filing fees. It also directed service on the named defendants and required the New York State Department of Corrections and Community Supervision to identify the defendant originally listed as “John Doe.” The Office of the Attorney General identified that defendant as Kristen Trapalis. Salley then filed an amended complaint naming Trapalis. A defendant also asked the court to direct the U.S. Marshals Service to serve the defendants again.

Ruling

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Trapalis, issue a summons, and provide the Marshals Service with the paperwork necessary to serve her. The order lists Trapalis’s service address as the New York State Department of Corrections and Community Supervision, 1220 Washington Avenue, Albany, New York 12226.

The court explained that Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after the summons is issued. It stated that Salley is responsible for requesting an extension if needed and must notify the court in writing if his address changes. The order did not resolve the merits of Salley’s equal-protection claim.