Jaime v. New York State
- Kenneth Karas
- 7:24-cv-03819
- U.S. District Court · Southern District of New York
- 4
In Luis Jaime v. Officer Reddish, Judge Karas ordered service of Jaime’s civil-rights complaint through the U.S. Marshals Service.
Luis Jaime and Correctional Officer Reddish; the Clerk of Court and the United States Marshals Service must take steps to serve Reddish.
What happened
Luis Jaime, who is incarcerated and representing himself, sued Correctional Officer Reddish for damages and an order requiring changes under a federal civil-rights law. The opinion identifies Reddish as assigned to Sullivan Correctional Facility.
Because Jaime was allowed to proceed without prepaying filing fees, the court directed the Clerk to issue a summons and prepare the paperwork needed for the U.S. Marshals Service to serve Reddish. The court extended the service deadline to 90 days after the summons is issued and instructed Jaime to notify the court of any address change.
Judge Karas ordered service but did not decide the merits of Jaime’s claims. The court also denied Jaime permission to proceed without prepaying fees for any appeal from this order, certifying that such an appeal would not be taken in good faith.
The detailed version
- Jaime v. New York State · No. 7:24-cv-03819
- Kenneth Karas
- Sept. 11, 2024
Background
Luis Jaime, who is incarcerated at Upstate Correctional Facility, filed this action without a lawyer. He asserts claims for damages and injunctive relief under 42 U.S.C. § 1983, a federal law that permits certain civil-rights claims against state actors. He names Correctional Officer Reddish as the defendant and alleges that Reddish is assigned to Sullivan Correctional Facility, a New York State Department of Corrections and Community Supervision prison.
The court had previously granted Jaime permission to proceed without prepaying filing fees. The opinion explains that prisoners must still pay the full filing fee over time even when granted that permission.
Service of Process
Because Jaime was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the United States Marshals Service to serve the defendant. The Clerk of Court was instructed to prepare a service-process receipt and return form for Reddish, issue a summons, and give the Marshals Service the documents needed to serve the summons and complaint.
The court extended the usual service period. Because Jaime could not serve the complaint until the court reviewed it and ordered a summons, the court set the service deadline at 90 days after the summons is issued. The opinion states that Jaime should request an extension if service is not completed within that period. It also requires Jaime to notify the court in writing if his address changes and states that the action may be dismissed if he fails to do so.
Disposition
Judge Kenneth M. Karas directed the Clerk of Court to mail Jaime an information package, issue the summons for Reddish, complete the service form, and deliver the necessary documents to the United States Marshals Service. This order directs service and does not decide whether Jaime’s claims are legally or factually valid.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.