Lopez v. McCoy
- Cathy Seibel
- 7:25-cv-04584
- U.S. District Court · Southern District of New York
- 5
In Lopez v. McCoy, Judge Seibel ordered service of Lopez’s civil-rights complaint by federal marshals after allowing him to proceed without paying fees upfront.
John Lopez, the ten named defendants, the Clerk of Court, and the U.S. Marshals Service. The order set up service of the complaint but did not resolve Lopez’s claims.
What happened
Lopez v. McCoy concerns John Lopez’s lawsuit against ten Green Haven Correctional Facility administrators, staff members, and officers. Lopez, who is incarcerated and representing himself, alleges that his rights were violated at Green Haven under a federal civil-rights law.
The court had already allowed Lopez to proceed without paying filing fees upfront. It directed the Clerk of Court to issue summonses, complete service forms with addresses for the defendants, and send the necessary paperwork to the U.S. Marshals Service so the Marshals can serve the defendants.
Judge Seibel ordered this service process but did not decide whether Lopez’s allegations are legally valid. The court stated that Lopez should request more time if service is not completed within 90 days after the summonses are issued, and that he must notify the court in writing if his address changes.
The detailed version
- Lopez v. McCoy · No. 7:25-cv-04584
- Cathy Seibel
- July 1, 2025
Background
John Lopez, who is incarcerated at Green Haven Correctional Facility and is proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. He alleges that his rights were violated at Green Haven. The caption names Jeff McCoy, Mark Miller, Marlyn Kopp, Billie Tuohy, R. Mudge, K. Shannon, William Ransom, Jhandry Zevallos, A. Peire, and Kierstin Kornowicz as defendants.
The court stated that it had granted Lopez permission to proceed without prepaying filing fees in an order dated June 12, 2025. The court also noted that prisoners must still pay the full filing fee even when they receive that permission.
Service of the Complaint
Because Lopez 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 the defendants. Service is the formal delivery of the summons and complaint to the defendants.
The court instructed the Clerk of Court to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed address, and deliver the necessary paperwork to the Marshals Service. The Clerk was also directed to mail Lopez an information package.
Deadlines and Address Changes
The court explained that service must be completed within 90 days after the summonses are issued in this case. If the complaint is not served within that period, Lopez should ask the court for an extension of time. Lopez must notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.
Disposition
The order addressed service and related case administration. It did not decide the merits of Lopez’s civil-rights allegations or determine whether any defendant violated his rights. Judge Cathy Seibel ordered the Clerk to issue the summonses and send the service materials to the U.S. Marshals Service.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.