Dominy v. United States

Background

Vincent M. Dominy sued the United States under the Federal Tort Claims Act and is proceeding without a lawyer. The order states that he is incarcerated at F.C.I. Otisville. The court had previously granted permission to proceed without prepaying filing fees.

Service of process

Because Dominy was allowed to proceed without prepaying fees, the court explained that he may rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was directed to issue a summons for the United States, complete a U.S. Marshals Service Process Receipt and Return form, mark it for service on the United States, and provide the Marshals Service with the documents needed to complete service. The service materials must include the original complaint and amended complaint, identified as docket entries 1 and 7, as the operative pleading.

The order explains that service must be completed within 90 days after the summons is issued. If service is not completed by then, Dominy should request an extension. He must also notify the court in writing if his address changes, and the court stated that it may dismiss the action if he does not do so.

Ruling

Judge Jessica G. L. Clarke entered an order directing the Clerk of Court to issue the summons and arrange for service by the U.S. Marshals Service. This order addresses service and case administration; it does not decide the merits of Dominy’s Federal Tort Claims Act claims.