Fuentes v. New York State Department of Corrections and Community Supervision
- Philip Halpern
- 7:23-cv-09464
- U.S. District Court · Southern District of New York
- 4
Fuentes v. New York State Department of Corrections and Community Supervision: Judge Halpern instructed the Marshals Service to serve several defendants.
Jesus Fuentes, the defendants requiring service—Anthony J. Annucci, Glenn S. Goord, Brian Fischer, Leroy Fields, and Kimberly Lawrence—and the Clerk of Court and U.S. Marshals Service responsible for completing service.
What happened
In Fuentes v. New York State Department of Corrections and Community Supervision, Jesus Fuentes, who is incarcerated and has no lawyer, alleges that the defendants ignored a serious health risk from tobacco smoke in correctional facilities. He brings the claims under a federal civil-rights law.
Because Fuentes was allowed to proceed without paying court fees in advance, the court directed the Clerk to prepare service paperwork and summonses for Anthony J. Annucci, Glenn S. Goord, Brian Fischer, Leroy Fields, and Kimberly Lawrence. The Marshals Service will use that paperwork to serve those defendants. The court also directed that Annucci be added to the case docket.
Judge Philip M. Halpern said Fuentes must request more time if the complaint is not served within 90 days after the summonses are issued. Failing to request an extension may result in dismissal of the case without prejudice, and Fuentes must notify the court if his address changes.
The detailed version
- Fuentes v. New York State Department of Corrections and Community Supervision · No. 7:23-cv-09464
- Philip Halpern
- Feb. 15, 2024
Background
Jesus Fuentes, who is incarcerated at Fishkill Correctional Facility and proceeding without a lawyer, filed this action under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by state officials. He alleges that the defendants acted with deliberate indifference to a serious risk of harm from environmental tobacco smoke in facilities operated by the New York State Department of Corrections and Community Supervision (DOCCS).
Fuentes initially named Anthony J. Annucci, Glenn S. Goord, Brian Fischer, Leroy Fields, Edward Burnett, Kimberly Lawrence, and DOCCS. The court previously dismissed DOCCS, added Daniel F. Martuscello III as a defendant, directed service on Martuscello and Burnett, and sought service addresses for the remaining defendants. The New York State Attorney General provided the DOCCS Office of Counsel address for service on Annucci, Goord, Fischer, Fields, and Lawrence.
Court’s Action
The court noted that Fuentes had been granted permission to proceed in forma pauperis, meaning he could proceed without paying court fees in advance. In such cases, the court and the U.S. Marshals Service are responsible for serving the defendants.
The court instructed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the necessary papers to the Marshals Service for service on Annucci, Goord, Fischer, Fields, and Lawrence. The court also instructed the Clerk to add Annucci to the docket sheet.
The court extended the service period to 90 days after the summonses are issued. If Fuentes cannot complete service within that period, he should request an extension. The opinion states that failure to request an extension may result in dismissal of the action without prejudice. Fuentes must also notify the court in writing if his address changes; the court may dismiss the action if he fails to do so.
Disposition
Judge Philip M. Halpern issued this second order of service. The opinion addresses service of process and related case administration; it does not decide whether Fuentes proved his claims about exposure to environmental tobacco smoke or whether any defendant is liable.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.