Klein v. Dr. Jerome Norton
- Cathy Seibel
- 7:24-cv-05636
- U.S. District Court · Southern District of New York
- 4
In Christian Paul Enzo Klein v. Dr. Jerome Norton, et al., Judge Seibel ordered U.S. Marshals to serve added defendant Walter Moccio.
Christian Paul Enzo Klein, Walter Moccio, the original Defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
Christian Paul Enzo Klein, representing himself, alleges that Defendants violated his federal constitutional and statutory rights while he was detained at the Westchester County Jail. The Court construed his complaint as raising claims under 42 U.S.C. § 1983 and state law. Klein later filed an amended complaint adding Walter Moccio as a defendant.
Because Klein was permitted to proceed without paying court fees in advance, the Court said he could rely on the Court and the U.S. Marshals Service to serve the defendants. The Court instructed the Clerk to issue a summons and prepare the paperwork needed to serve Moccio. It also extended the original Defendants’ deadline to answer or file a pre-motion letter until 30 days after Moccio is served.
Judge Cathy Seibel ordered the Clerk to deliver the necessary documents to the Marshals Service for service on Moccio. The Court stated that service should occur within 90 days after the summons is issued, and that Klein should request more time if service is not completed within that period.
The detailed version
- Klein v. Dr. Jerome Norton · No. 7:24-cv-05636
- Cathy Seibel
- Nov. 6, 2025
Background
Christian Paul Enzo Klein brings the action without a lawyer. He alleges that the defendants violated his federal constitutional and statutory rights while he was detained at the Westchester County Jail. The Court construed the complaint as asserting claims under 42 U.S.C. § 1983, a federal civil-rights statute, and state law.
The Court had previously allowed Klein to proceed without prepaying filing fees. It had also directed the Clerk to prepare service materials for Dr. Jerome Norton, Schell, Wellpath, and the County of Westchester, and had dismissed the claims against the Westchester County Department of Corrections. On October 28, 2025, Klein filed an amended complaint adding Walter Moccio as a defendant.
Service of the Amended Complaint
The Court explained that a plaintiff allowed to proceed without prepaying fees may rely on the Court and the U.S. Marshals Service to carry out service. The Court therefore directed the Clerk to complete a U.S. Marshals Service Process Receipt and Return form for Moccio, issue a summons, and provide the Marshals Service with the documents needed to serve him with the amended complaint.
The Court stated that if the amended complaint is not served within 90 days after the summons is issued, Klein should request an extension of time. The Court explained that the service period runs from the summons’s issuance because Klein could not arrange service before the Court reviewed the complaint and ordered the summons issued.
Disposition
Judge Cathy Seibel ordered the Clerk to issue a summons for Walter Moccio, complete the service form, and deliver the necessary documents to the U.S. Marshals Service. The order also extended the original Defendants’ deadline to answer or file a pre-motion letter to 30 days after Moccio is served with the amended complaint. The order addressed service and scheduling; it did not decide the merits of Klein’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.