Murray v. The City of New York and the New York City Health + Hospitals
- Paul Engelmayer
- 1:19-cv-01959
- U.S. District Court · Southern District of New York
- 4
In Dexter Murray v. Patricia Middleton, Judge Engelmayer ordered Marshals service and denied fee-free appeal status after allowing Murray to proceed without paying filing fees.
Dexter Murray and the defendants he named—Patricia Middleton, the New York City Housing Authority, and the City of New York—were affected by the court’s service directions. Murray was also affected by the denial of fee-free status for an appeal from this order.
What happened
Dexter Murray v. Patricia Middleton involves Murray’s civil-rights lawsuit against Patricia Middleton, the New York City Housing Authority, and the City of New York. Murray is representing himself and was allowed to proceed without paying the filing fee upfront.
The court extended the service deadline until 90 days after summonses are issued and directed the Clerk to prepare the paperwork so the U.S. Marshals Service can serve the defendants. Murray must tell the court in writing if his address changes.
Judge Paul Engelmayer ordered the Clerk to mail Murray the order and information package, directed service by the Marshals Service, and denied fee-free status for any appeal from this order. The order did not decide whether Murray’s underlying claims were valid.
The detailed version
- Murray v. The City of New York and the New York City Health + Hospitals · No. 1:19-cv-01959
- Paul Engelmayer
- Nov. 13, 2019
Background
Dexter Murray brought this action under 42 U.S.C. § 1983, a federal civil-rights statute, against Patricia Middleton, the New York City Housing Authority, and the City of New York. The opinion states that Murray is proceeding without a lawyer. The court had previously allowed him to proceed without paying the filing fee upfront.
Service of the lawsuit
Because Murray was allowed to proceed without paying the fee upfront, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the time for service until 90 days after the summonses are issued, rather than measuring the period from the filing of the complaint. The court stated that Murray should request more time if service is not completed within that period.
The Clerk of Court was directed to complete a service form for each defendant, issue the summonses, and deliver the necessary paperwork to the Marshals Service. The Clerk was also directed to mail Murray a copy of the order and an information package.
Other requirement and appeal ruling
Murray must notify the court in writing if his address changes. The court stated that the action may be dismissed if he fails to do so. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Effect of the order
This was an order about serving the defendants and fee status for an appeal. It did not decide the merits of Murray’s civil-rights claims. Judge Paul Engelmayer ordered the service steps described above and denied fee-free status for an appeal from this order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.