Zielinski v. Martuscello
- Nelson Roman
- 7:24-cv-00150
- U.S. District Court · Southern District of New York
- 4
In Zielinski v. Martuscello, Judge Roman ordered Marshals service and denied fee-free status for any appeal.
Jeremy Zielinski and the three named defendants—Daniel Martuscello, Corrine Leone, and David Howard—are affected by the service instructions. Zielinski is also affected by the denial of permission to proceed without prepaying fees for an appeal.
What happened
In Zielinski v. Martuscello, Jeremy Zielinski, who is incarcerated at Woodbourne Correctional Facility and is representing himself, claims that the defendants are violating his rights under a federal civil-rights law. The court had already allowed him to proceed without paying court fees in advance.
The court ordered the Clerk to issue summonses, complete service forms, and provide the necessary papers to the U.S. Marshals Service so the Marshals can serve Daniel Martuscello, Corrine Leone, and David Howard. The service period was extended to 90 days after the summonses are issued. The court also instructed Zielinski to request more time if service is not completed within that period and to notify the court if his address changes.
Judge Nelson S. Roman denied permission to proceed without paying fees for any appeal, finding that an appeal from this order would not be taken in good faith. The order addressed service and appeal-fee status; it did not decide whether Zielinski’s civil-rights claims are valid.
The detailed version
- Zielinski v. Martuscello · No. 7:24-cv-00150
- Nelson Roman
- Feb. 27, 2024
Background
Jeremy Zielinski, who is incarcerated at Woodbourne Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law that permits certain civil-rights claims against state officials. The opinion says that he alleges the defendants are violating his rights, but it does not describe the specific alleged violations. On February 22, 2024, the court granted Zielinski permission to proceed without paying court fees in advance.
The defendants are Daniel Martuscello, identified as the Acting Commissioner of the New York State Department of Corrections and Community Supervision; Corrine Leone, identified as the Law Library Coordinator of that department; and David Howard, identified as the Superintendent of Woodbourne Correctional Facility.
Service of the Defendants
Because Zielinski was allowed to proceed without prepaying fees, the court held that he could rely on the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and provide the Marshals Service with the documents needed to serve the defendants.
The court extended the deadline for service to 90 days after the summonses are issued. It stated that if service is not completed within that period, Zielinski should request an extension of time. The court also required him to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.
Appeal-Fee Status and Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal. The order did not decide the merits of Zielinski’s underlying civil-rights claims.
Judge Nelson S. Roman ordered the Clerk to issue the summonses, complete the service forms, send the necessary documents to the U.S. Marshals Service, and mail Zielinski an information package and a copy of the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.