Perry v. Vega
- Sarah Netburn
- 1:22-cv-05813
- U.S. District Court · Southern District of New York
- 3
In Perry v. Vega, Judge Netburn ordered the U.S. Marshals Service to serve newly added defendants Molina and Robles.
The order affects plaintiff Kahreen S. Perry, the newly added defendants Christian Molina and David Robles, the Clerk of Court, and the U.S. Marshals Service.
What happened
Perry v. Vega is a case in which Kahreen S. Perry, representing himself, filed a Third Amended Complaint adding Christian Molina and David Robles as defendants.
Because Perry was allowed to proceed without paying the filing fee, the court said he could rely on the court and the U.S. Marshals Service to serve those defendants. The court extended the service deadline to 90 days after the summonses are issued.
Judge Sarah Netburn ordered the Clerk of Court to issue the summonses, complete the required service form, and provide the necessary papers to the U.S. Marshals Service. Perry must ask for more time if service is not completed within 90 days and must notify the court if his address changes.
The detailed version
- Perry v. Vega · No. 1:22-cv-05813
- Sarah Netburn
- Jan. 10, 2025
Background
Kahreen S. Perry, proceeding without a lawyer, filed a Third Amended Complaint adding Christian Molina and David Robles as defendants. Perry had been allowed to proceed without paying the filing fee. In such cases, the court and the U.S. Marshals Service can handle service of the summons and complaint.
Court’s Instructions
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue summonses for Molina and Robles, and deliver the necessary paperwork to the U.S. Marshals Service so it could serve them.
Although the usual rule generally requires service within 90 days after a complaint is filed, the court explained that Perry could not have served the newly added defendants before the court reviewed the amended complaint and ordered the summonses issued. The court therefore extended the service period to 90 days after the summonses are issued. If service is not completed within that period, Perry should request an extension. The court also stated that Perry must notify it in writing if his address changes and that the case may be dismissed if he fails to do so.
Disposition
Judge Sarah Netburn ordered the Clerk of Court to issue the summonses, complete the service form with the defendants’ addresses, and provide all necessary documents to the U.S. Marshals Service. The order did not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.