Bonilla v. Aguila
- Kenneth Karas
- 7:24-cv-01309
- U.S. District Court · Southern District of New York
- 4
In Bonilla v. Aguila, Judge Karas ordered the U.S. Marshals Service to serve Aguila and required prisoner-case discovery procedures after allowing Bonilla to proceed without upfront fees.
Ivan Bonilla, who receives Marshals Service assistance with serving the lawsuit, and Correctional Officer Joshua L. Aguila, who must be served and respond to the specified discovery requests under Local Civil Rule 33.2.
What happened
Bonilla v. Aguila is Ivan Bonilla’s lawsuit against Correctional Officer Joshua L. Aguila. Bonilla, who is incarcerated at Green Haven Correctional Facility and is representing himself, alleges under a federal civil-rights law that Aguila violated his constitutional rights. The court had allowed Bonilla to proceed without paying court fees upfront.
The court ordered the Clerk of Court to issue a summons, complete the service form, and send the necessary papers to the U.S. Marshals Service. Bonilla has 90 days after the summons is issued to complete service or request more time. The court also said that a prisoner-case discovery rule applies, requiring defendants to respond to specified questions and document requests within 120 days after service.
Judge Kenneth M. Karas issued an order directing these service and discovery steps. The order did not decide whether Aguila violated Bonilla’s constitutional rights.
The detailed version
- Bonilla v. Aguila · No. 7:24-cv-01309
- Kenneth Karas
- Mar. 29, 2024
Background
Ivan Bonilla, who is incarcerated at Green Haven Correctional Facility, brought the action without a lawyer under 42 U.S.C. § 1983. He alleges that Correctional Officer Joshua L. Aguila violated his federal constitutional rights. The complaint identifies the defendant as “J. Aguila,” while Bonilla’s application to proceed without prepaying fees gives the defendant’s full name. On March 14, 2024, the court granted Bonilla permission to proceed without prepaying fees.
Service of the lawsuit
Because Bonilla 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 Aguila with the lawsuit. The Clerk of Court was instructed to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form with Aguila’s address, and deliver the necessary papers to the Marshals Service.
The court extended the service deadline to 90 days after the summons is issued because Bonilla could not have served the summons and complaint before the court reviewed the complaint and ordered the summons issued. If service is not completed within that period, Bonilla should request an extension. The court also stated that Bonilla must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.
Prisoner discovery
The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to answer specified court-ordered discovery requests, including interrogatories and requests for documents. Defendants must serve responses within 120 days after service of the complaint and must quote each request verbatim in their responses.
Disposition
The court instructed the Clerk of Court to issue the summons, complete the service form, and send the materials to the U.S. Marshals Service. It also instructed the Clerk to mail Bonilla an information package and confirmed that Local Civil Rule 33.2 applies. The order addressed service and discovery procedures; it did not decide the merits of Bonilla’s constitutional-rights allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.