Colbourne v. MacKenzie
- Nelson Roman
- 7:24-cv-09577
- U.S. District Court · Southern District of New York
- 4
In Colbourne v. MacKenzie, Judge Roman ordered Marshals service and denied counsel without prejudice because the case was too early.
Adonijah Colbourne’s request for appointed counsel was denied without prejudice, while the court arranged for the U.S. Marshals Service to serve Sara J. MacKenzie and allowed the case to proceed to that stage.
What happened
In Colbourne v. MacKenzie, Adonijah Colbourne, who is incarcerated and representing himself, sued Corrections Officer Sara J. MacKenzie under a federal civil-rights law. He alleges that MacKenzie retaliated against him for exercising federally protected rights.
Because Colbourne was permitted to proceed without paying filing costs upfront, the court ordered the Clerk to issue a summons and provide the necessary papers to the U.S. Marshals Service for service on MacKenzie. The court also extended the service deadline to 90 days after the summons is issued and instructed Colbourne to request more time if service is not completed by then.
Judge Nelson S. Roman denied Colbourne’s request for a lawyer without prejudice because the case was too early for the court to evaluate its merits. The Clerk was directed to send Colbourne the order and information about possible legal assistance.
The detailed version
- Colbourne v. MacKenzie · No. 7:24-cv-09577
- Nelson Roman
- Dec. 23, 2024
Background
Adonijah Colbourne, who is incarcerated at Woodbourne Correctional Facility and proceeding without a lawyer, brought an action under 42 U.S.C. § 1983, a federal law that allows certain civil-rights claims against government officials. He alleges that Corrections Officer Sara J. MacKenzie retaliated against him for exercising federally protected rights. The opinion does not decide whether that allegation is true.
The court had previously granted Colbourne permission to proceed without prepaying fees. Prisoners remain responsible for paying the full filing fee under the applicable statute, even when they receive that permission.
Service of the Complaint
Because Colbourne was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve MacKenzie. The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and provide the Marshals Service with the documents needed for service.
The court extended the time for service to 90 days after the summons is issued because Colbourne could not have served the complaint before the court reviewed it and ordered the summons issued. If service is not completed within that period, Colbourne must request an extension. The court also instructed him to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.
Motion for Counsel
Colbourne also asked the court to appoint a lawyer. The court considered the factors used for requests by people who cannot afford counsel, including the apparent merits of the case, efforts to obtain a lawyer, and the person’s ability to investigate and present the case without assistance. The court held that it was too early to evaluate the merits and therefore denied the motion for counsel without prejudice to renewal later. The court also provided information about the City Bar Justice Center’s assistance program for people representing themselves in civil cases.
Disposition
The court ordered the Clerk to issue the summons and arrange delivery of the service materials to the U.S. Marshals Service. It denied Colbourne’s motion for counsel without prejudice and directed the Clerk to terminate that motion. The order did not resolve the retaliation claim on its merits.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.