Fincher v. The City of New York

Background

Sean Fincher is the plaintiff in an action against The City of New York and other defendants. The opinion identifies Fincher as proceeding without a lawyer and states that he is proceeding without prepaying filing fees. The order concerns service of Fincher’s amended complaint; it does not address whether his claims are legally or factually valid.

Court’s Directions

To allow service through the U.S. Marshals Service, the Clerk of Court must send Fincher one USM-285 service-information form for each individual defendant named in the amended complaint. Fincher must complete and return each form within 30 days of the order.

If Fincher does not want to use the Marshals Service, he must notify the court in writing within the same 30-day period and request that a summons be issued directly to him. After receiving a completed form, the Clerk must issue a summons and provide the Marshals Service with the paperwork needed to serve the defendant.

Regardless of the method chosen, service must be completed within 120 days after the summons is issued. The order states that Fincher must check with the Marshals Service about whether service occurred and, if necessary, request an extension of time. Fincher must also promptly notify the court in writing if his address changes.

Warnings and Disposition

The court stated that it may dismiss the action for failure to prosecute under Federal Rules of Civil Procedure 4(m) and 41(b) if Fincher does not return the service forms or request a summons within 30 days, or if he does not complete service or request an extension within 120 days after issuance of the summons. The Clerk was directed to mail a copy of the order to Fincher. Judge Lorna G. Schofield did not rule on the merits of the lawsuit.