Cheng v. United States
- Edgardo Ramos
- 1:24-cv-05579
- U.S. District Court · Southern District of New York
- 4
In Cheng v. United States, Judge Ramos ordered service of Cheng’s Federal Tort Claims Act lawsuit through the Marshals Service after allowing him to proceed without upfront fees.
Sheng-Wen Cheng, the United States, the Clerk of Court, and the United States Marshals Service.
What happened
Sheng-Wen Cheng v. United States concerns Cheng’s lawsuit against the United States under the Federal Tort Claims Act. Cheng, who is incarcerated and proceeding without a lawyer, seeks damages and declaratory relief.
Because the court had allowed Cheng to proceed without paying fees upfront, it directed the United States Marshals Service to serve the United States. The Clerk of Court must issue a summons, prepare the required service form, and send the necessary papers to the Marshals Service.
Judge Edgardo Ramos also directed the Clerk to mail Cheng an information package. The order did not decide whether Cheng’s claims are legally valid; it addressed service of the lawsuit and related instructions.
The detailed version
- Cheng v. United States · No. 1:24-cv-05579
- Edgardo Ramos
- Aug. 28, 2024
Background
Sheng-Wen Cheng, who is incarcerated in a federal medical center, filed this action without a lawyer against the United States. He asserts claims under the Federal Tort Claims Act and seeks damages and declaratory relief. In an earlier order dated July 24, 2024, the court granted Cheng permission to proceed without paying filing fees upfront.
Service Order
Because Cheng was allowed to proceed without prepayment of fees, the court stated that he could rely on assistance from the court and the United States Marshals Service to serve the defendant. The court directed service on the United States of America.
The Clerk of Court was instructed to issue a summons for the United States, complete a USM-285 service form with the required service addresses, mark the form for service on the United States, and deliver the necessary documents to the Marshals Service. The court stated that service must occur within 90 days after the summons is issued, unless Cheng requests an extension. Cheng must also notify the court in writing if his address changes.
Disposition
Judge Edgardo Ramos directed the Clerk of Court to mail Cheng an information package and directed service on the United States. This order concerns service and case administration; it does not decide the merits of Cheng’s Federal Tort Claims Act claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.