Jude v. New York State Department of Corrections and Community Supervision

Background

Steven Jude brought this action under 42 U.S.C. § 1983, a federal law that allows claims against state actors for violating constitutional rights. He alleged that defendants violated his constitutional rights at Sullivan Correctional Facility. Jude is representing himself and had been granted permission to proceed without prepaying court fees.

The court had previously issued an order concerning service on several named defendants. On February 3, 2025, the New York Attorney General’s Office identified an address for William Sherman.

Service Order

Because Jude was allowed to proceed without prepaying fees, the court determined that he could rely on the court and the U.S. Marshals Service to serve process. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for Sherman, issue a summons, and deliver the summons and other necessary paperwork to the Marshals Service.

The court stated that service must occur within 90 days after the summonses are issued. If the complaint is not served within that period, Jude should request an extension of time. The court also required Jude to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Disposition

The court directed the Clerk to issue the summons, complete the service form with Sherman’s address, and deliver the necessary documents to the Marshals Service. The Clerk was also directed to mail the order and complaint to the New York Attorney General’s Office. Judge Philip M. Halpern certified 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.

This order addresses service and appeal-fee status; it does not decide whether Jude’s constitutional claims are valid.