Kattis v. The Chair of the New York Board of Parole

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

CHRISTOPHER D. KATTIS,

Plaintiff,

-against-

23-CV-11250 (PMH)

THE CHAIR OF THE NEW YORK BOARD OF

ORDER OF SERVICE

PAROLE; COMMISSOINER OF THE

DEPARTMENT OF CORRECTIONS AND

COMMUNITY SUPERVISION,

Defendants.

PHILIP M. HALPERN, United States District Judge:

Plaintiff, who is appearing pro se, brings this action under 42 U.S.C. § 1983, alleging that

Defendants violated his First Amendment right to free speech when his parole officer “imposed

additional special conditions to my parole terms of release[.]” (Doc. 1, “Compl.” at 5.) Plaintiff

names as Defendants Darryl Towns, the Chair of the New York Board of Parole, and Daniel

Martuscello III, the Commissioner of the New York State Department of Corrections and

Community Supervision (“DOCCS”). By order dated January 4, 2024, Chief Judge Laura Taylor

Swain granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without

prepayment of fees. (Doc. 2) As set forth in this Order, the Court adds as a defendant, Parole

Office Ahumada, and directs service on Defendants Towns, Martuscello, and Ahumada.

DISCUSSION

A. The Court Adds as a Defendant, Parole Officer Ahumada

In the Complaint, Plaintiff pleads facts regarding his parole officer’s involvement in the

imposition of special conditions to the terms of Plaintiff’s parole. (Compl. at 5 (“On December

14, 2023, Parole Officer Ahumada, who is my assigned Parole Officer, imposed additional

special conditions to my parole terms of release.”). In light of Plaintiff’s pro se status, and clear

intention to name as defendants individuals who participated in the imposition of the special

conditions to the terms of Plaintiff’s parole, the Court adds as a defendant Parole Officer

Ahumada. See Fed. R. Civ. P. 21. This amendment is without prejudice to any defenses Parole

Officer Ahumada may wish to assert.

B. Order of Service

Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the

Court and the U.S. Marshals Service to effect service.1 Walker v. Schult, 717 F.3d. 119, 123 n.6

(2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all

process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to

serve if the plaintiff is authorized to proceed IFP)).

To allow Plaintiff to effect service on Defendants Towns, Martuscello, and Ahumada

through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals

Service Process Receipt and Return form (“USM-285 form”) for Defendants. The Clerk of Court

is further instructed to issue summonses and deliver to the Marshals Service all the paperwork

necessary for the Marshals Service to effect service upon Defendants.

If the Complaint is not served within 90 days after the date summonses are issued,

Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63

(2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for

service). Failure to request an extension of time for service may result in the dismissal of this

action without prejudice.

1 Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served

within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served

summonses and the complaint until the Court reviewed the complaint and ordered that summonses be

issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued.

Plaintiff must notify the Court in writing if his address changes, and the Court may

dismiss the action if Plaintiff fails to do so.

CONCLUSION

The Clerk of Court is respectfully directed to add Parole Officer Ahumada as a Defendant

to this action under Fed. R. Civ. P. 21.

The Clerk of Court is further instructed to (1) issue summonses for Darryl Towns, Daniel

Martuscello III, and Officer Ahumada, (2) complete the USM-285 forms with the addresses for

these defendants, (3) deliver all documents necessary to effect service to the U.S. Marshals

Service, and (4) mail Plaintiff an information package.

Plaintiff may receive court documents by email by completing the attached form, Consent

to Electronic Service.”

SO ORDERED.

Dated: White Plains, New York (My /

February 9, 2024

PHILIPM. HALPERN”

United States District Judge

? If Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by

regular mail.

DEFENDANTS AND SERVICE ADDRESSES

Darryl Towns

Chair, New York Board of Parole

1220 Washington Avenue, #9

Albany, NY 12226

Daniel Martuscello III

Commissioner, Department of Corrections and Community Supervision

1220 Washington Avenue, #9

Albany, NY 12226

Parole Officer Ahumada

DOCCS Poughkeepsie Area Office

20 Manchester Rd

Poughkeepsie, NY 12603

CONSENT TO ELECTRONIC SERVICE

I hereby consent to receive electronic service of notices and documents in my case(s) listed below. I

affirm that:

1. I have regular access to my e-mail account and to the internet and will check regularly for

Notices of Electronic Filing;

2. I have established a PACER account;

3. I understand that electronic service is service under Rule 5 of the Federal Rules of Civil

Procedure and Rule 5.2 of the Local Civil Rules, and that I will no longer receive paper

copies of case filings, including motions, decisions, orders, and other documents;

4. I will promptly notify the Court if there is any change in my personal data, such as name,

address, or e-mail address, or if I wish to cancel this consent to electronic service;

5. I understand that I must regularly review the docket sheet of my case so that I do not miss a

filing; and

6. I understand that this consent applies only to the cases listed below and that if I file

additional cases in which I would like to receive electronic service of notices of documents, I

Civil casmeu(sst) ffiillee cdo inns ethnet fSoorumtsh feorrn t hDoissetr ciacts eosf. New York:

Please list all your pending and terminated cases to which you would like this consent to apply.

For each case, include the case name and docket number (for example, John Doe v. New City, 10-

CV-01234).

Name (Last, First, MI)

Address City State Zip Code

Telephone Number E-mail Address

Date Signature