Edwards v. Trotter
- Nelson Roman
- 7:24-cv-02125
- U.S. District Court · Southern District of New York
- 4
In Edwards v. Trotter, Judge Roman ordered service on Ebony Pino and denied permission to proceed without prepaying fees for an appeal.
Clint Edwards, Correction Officer Ebony Pino, the Clerk of Court, and the U.S. Marshals Service. The order also directed that copies be sent to the New York State Attorney General.
What happened
In Edwards v. Trotter, Clint Edwards, who is incarcerated and representing himself, alleges that the defendants brought false disciplinary charges against him under a federal civil-rights law.
The court had allowed Edwards to proceed without prepaying filing fees and later received an amended complaint adding Correction Officer Ebony Pino. The court received an address for Pino and explained that court personnel and the U.S. Marshals Service would assist with service.
Judge Nelson S. Roman directed the Clerk of Court to issue Pino a summons, prepare the required service form, and give the necessary papers to the Marshals Service. The court extended the service period to 90 days after the summons is issued and denied permission to proceed without prepaying fees for an appeal from this order.
The detailed version
- Edwards v. Trotter · No. 7:24-cv-02125
- Nelson Roman
- Sept. 25, 2024
Background
Clint Edwards, who is incarcerated at Fishkill Correctional Facility and is representing himself, brought claims under 42 U.S.C. § 1983 concerning allegedly false disciplinary charges. The court had previously granted him permission to proceed without prepaying filing fees. Edwards later amended his complaint to add Correction Officer Ebony Pino as a defendant.
A response to an earlier court order provided an address for Pino. Because Edwards was allowed to proceed without prepaying fees, the court explained that he was entitled to assistance from the court and the U.S. Marshals Service in serving the summons and complaint.
Court’s Action
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Pino, issue a summons, and deliver the summons and other necessary documents to the Marshals Service for service. The court also directed the Clerk to mail the order and amended complaint to Edwards and to the New York State Attorney General.
The court stated that Edwards must ensure service within 90 days after the summons is issued and may need to request an extension of that period. It also stated that Edwards must notify the court in writing if his address changes. The court denied permission to proceed without prepaying fees for an appeal from this order, certifying that an appeal would not be taken in good faith.
What the Order Did Not Decide
This supplemental order addressed service of process and appeal-related filing-fee status. It did not decide whether Edwards’s allegations about false disciplinary charges were legally or factually valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.