Tindall v. United States

Background

Lamar Tindall, who is incarcerated at F.C.I. Otisville in Otisville, New York, brought this action without a lawyer under the Federal Tort Claims Act. On February 21, 2025, the court granted his request to proceed without prepaying filing fees. The court noted that prisoners still must pay the full filing fee under the applicable statute, even when permitted to proceed without prepayment.

Service of Process

Because Tindall was permitted to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the United States. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the United States, mark that service was for the United States, issue a summons, and provide the Marshals Service with this order and the other documents needed for service.

The court explained that although service generally must occur within 90 days after a complaint is filed, Tindall could not have served the United States until the court reviewed the complaint and ordered the summons issued. The court therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, Tindall should request an extension. The court also required him to notify the court in writing if his address changes and warned that the action could be dismissed if he fails to do so.

Ruling

Judge Cathy Seibel ordered the Clerk of Court to issue the summons, complete the service form, and deliver the necessary documents to the U.S. Marshals Service for service on the United States. The Clerk was also directed to mail Tindall an information package. This order addressed service and did not decide the merits of the Federal Tort Claims Act action.