Urena v. The City of New York
- Vargas
- 1:24-cv-01880
- U.S. District Court · Southern District of New York
- 2
In Urena v. City of New York, Judge Vargas ordered summonses and service paperwork for an incarcerated plaintiff proceeding without upfront fees.
Amaury Urena, the City of New York, the individually named defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Urena v. The City of New York, Amaury Urena brought a case under a federal civil-rights law while incarcerated at Rikers Island and representing himself. The court had allowed him to proceed without paying court fees in advance.
After Urena filed an amended complaint adding defendants, the court directed the Clerk of Court to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve the City and the individual defendants. The court also directed the Clerk to mail Urena an information package.
Judge Jeannette A. Vargas ordered that service should occur within 90 days after the summonses are issued. She said Urena should request more time if service is not completed by then, must notify the court of any address change, and could face dismissal if he fails to do so.
The detailed version
- Urena v. The City of New York · No. 1:24-cv-01880
- Vargas
- Feb. 25, 2025
Background
Amaury Urena, who was incarcerated at Rikers Island and represented himself, brought this action under 42 U.S.C. § 1983. The court had previously granted his request to proceed without prepaying court fees. The opinion explains that, in this situation, Urena could rely on the court and the U.S. Marshals Service to serve the defendants.
Urena filed an amended complaint on June 25, 2024, naming additional defendants. The City of New York informed the court that the individually named defendants could be served at an NYPD precinct address.
Order
The court instructed the Clerk of Court to issue summonses for the City of New York and the individual defendants, complete the U.S. Marshals Service process forms, and provide the Marshals Service with the documents needed to serve the defendants. The Clerk was also instructed to mail Urena an information package.
Because Urena is incarcerated and proceeding without prepaying fees, the court extended the service period to 90 days after the summonses are issued. If service is not completed within that period, Urena should request an extension. He must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.
This order addressed service of process, not whether Urena’s civil-rights claims are legally valid. The opinion does not state that the court granted or denied a motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.