Lugo v. The State of New York

Background

Ulyse Lugo, who is proceeding without a lawyer, brings a claim under Bivens v. Six Unknown Named Agents, alleging that he was denied adequate medical care while incarcerated at the Metropolitan Correctional Center in New York, New York. The opinion states that the court previously allowed Lugo to proceed without prepaying filing fees.

Service of Process

Because Lugo was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the deadline for service to 90 days after summonses are issued, rather than 90 days after the complaint was filed. It stated that, if service is not completed within that period, Lugo should request an extension of time. Lugo must also notify the court in writing if his address changes; the court stated that the action may be dismissed if he fails to do so.

The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for Warden Martha Licon Vitale, Deputy Captain James Healey, Lt. Judith Woods, Lt. Marquea Rice, Joseph Columbo, R.N., Yoon Kang, R.N., and Rachel Sabatura, R.N. The Clerk was also directed to issue summonses, mark the forms for service on the United States, and provide the Marshals Service with the order and other documents needed to serve the defendants.

Disposition

Judge Valerie Figueredo directed the Clerk to mail Lugo an information package and to issue the summonses and service documents. The order did not reach the merits of Lugo’s medical-care claim. The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees for that appeal.

Practical Effect

The order addresses how the defendants are to be served and gives Lugo 90 days after the summonses are issued to complete service. It does not determine whether the alleged denial of medical care violated the law.