Munoz Zuleta v. Krom

Background

Hector Munoz Zuleta, who is incarcerated at Woodbourne Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleges that, while incarcerated at Sullivan Correctional Facility, Deputy Superintendent of Administration J. Krom, Acting Nurse Administrator P. Page-Cannonier, and Dr. M. Gusman denied him adequate medical care. He sued the defendants in both their individual and official capacities as employees of the Department of Corrections and Community Supervision.

Prior Fee Order

In an earlier order, the court granted Munoz Zuleta permission to proceed without paying court fees in advance. This status permits him to rely on the court and the U.S. Marshals Service to serve the defendants. The opinion also explains that prisoners remain responsible for paying the full filing fee over time, even when granted this permission.

Service Order

The court directed the Clerk of Court to complete U.S. Marshals Service process receipt and return forms, issue summonses for J. Krom, P. Page-Cannonier, and Dr. M. Gusman, and deliver the necessary paperwork and service addresses to the Marshals Service. The court stated that the complaint must be served within 90 days after the summonses are issued; if service is not completed by then, Munoz Zuleta should request more time. He must also notify the court in writing of any address change, and the court may dismiss the action if he fails to do so.

Disposition

Judge Kenneth M. Karas entered an order of service. The order addressed how the defendants would receive the lawsuit; it did not decide the merits of Munoz Zuleta's medical-care allegations.