Donald v. Bennett
- Philip Halpern
- 7:24-cv-03144
- U.S. District Court · Southern District of New York
- 3
In Donald v. Bennett, Judge Halpern extended the service deadline and ordered Marshals Service assistance for Albany Medical Center.
Clairmont Donald and Albany Medical Center. Donald receives additional time and court-arranged U.S. Marshals Service assistance to serve Albany Medical Center; the order also directs the Clerk of Court to issue the summonses and service paperwork.
What happened
Clairmont Donald, who is representing himself, brought Donald v. Bennett under a federal civil-rights law. The court had allowed him to proceed without paying filing fees in advance, and his second amended complaint names Albany Medical Center as a defendant.
Because Albany Medical Center had not yet been served, the court extended the time for service to 90 days after the order. It directed the Clerk of Court to issue summonses, complete the required service forms, and give the necessary papers to the U.S. Marshals Service.
The order also reminded Donald that he must ask for another extension if service is not completed within the stated period and must notify the court of any address change. Judge Halpern did not rule on the underlying claims in this order.
The detailed version
- Donald v. Bennett · No. 7:24-cv-03144
- Philip Halpern
- July 15, 2025
Background
Clairmont Donald filed this action under 42 U.S.C. § 1983 while representing himself. The court previously permitted him to proceed without prepaying filing fees. Donald's second amended complaint was docketed on February 3, 2025, and the court later treated it as the operative complaint. Albany Medical Center is one of the defendants named in that complaint, but it had not been served.
The court had previously told Donald that he was responsible for requesting more time to serve Albany Medical Center. Donald did not request an extension. Because he was representing himself, however, the court extended the time to serve Albany Medical Center to 90 days after the date of this order.
Court's action
The court explained that a person permitted to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to complete service. It instructed the Clerk of Court to complete the U.S. Marshals Service Process Receipt and Return forms with Albany Medical Center's address, issue summonses, and deliver the necessary documents to the Marshals Service.
The court reminded Donald that if the second amended complaint is not served within 90 days after the summonses are issued, he must request an extension of time. It also stated that Donald must notify the court in writing if his address changes and that the action may be dismissed if he does not do so.
Disposition
The court entered an order directing the Clerk of Court to issue summonses and arrange Marshals Service assistance for service on Albany Medical Center. The order addressed service of process and did not decide the merits of Donald's claims. Judge Philip M. Halpern signed the order on July 15, 2025.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.