Garcia v. Rodriguez

Background

Felix Garcia, who is incarcerated at Attica Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal civil-rights statute. He alleges that A. Rodriguez, identified as the Director of Special Housing/Inmate Disciplinary Program for the New York State Department of Corrections and Community Supervision, and Pete Thorpe, identified as the Deputy Superintendent for Security at Sing Sing Correctional Facility, denied him due process during a disciplinary hearing at Sing Sing.

The court had granted Garcia permission to proceed without prepaying filing fees. That status allows him to rely on the court and the U.S. Marshals Service to serve the defendants.

Service of Process

The court instructed the Clerk of Court to issue summonses for Rodriguez and Thorpe, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and deliver the necessary documents to the Marshals Service. The order extends the time for service to 90 days after the summonses are issued. It states that Garcia should request an extension if service is not completed within that period. Garcia must also notify the court in writing if his address changes; the court may dismiss the action if he fails to do so.

Discovery

The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified, court-ordered discovery requests. Within 120 days of the order, Rodriguez and Thorpe must serve responses to the standard interrogatories and document requests, quoting each request verbatim.

Disposition

The court issued an Order of Service. It directed the Clerk to issue summonses, prepare service forms, send the required materials to the Marshals Service, and mail Garcia an information package. The order also confirmed that Local Civil Rule 33.2 applies. It did not decide the merits of Garcia’s due-process allegations.