Horsey v. United States of America

Background

Kevin Horsey, who is incarcerated as a federal prisoner, filed this action without a lawyer. He asserts claims under the Federal Tort Claims Act and state law against the United States of America and Seven Corners, Inc. The opinion states that the court had previously allowed him to proceed without prepaying filing fees.

Service of the lawsuit

Because Horsey was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the United States Marshals Service to serve the defendants. The court directed the Clerk of Court to prepare a service receipt-and-return form for each defendant, issue summonses, and provide the Marshals Service with the documents needed to serve the summonses and complaint.

The order gives the United States and Seven Corners, Inc. 90 days for service, measured from the date the summonses are issued. It states that Horsey should request an extension if service is not completed within that period. It also requires Horsey to notify the court in writing if his address changes and warns that the action may be dismissed if he fails to do so.

Disposition

Judge Kenneth M. Karas directed service on the United States of America and Seven Corners, Inc. The order directs the Clerk to mail Horsey an information package, issue the summonses, complete the required service forms, identify the forms for service on the United States, and deliver the necessary materials to the Marshals Service. This order addresses service and does not decide the merits of Horsey's claims.