France v. Dorch
- Paul Gardephe
- 1:19-cv-09881
- U.S. District Court · Southern District of New York
- 4
In France v. Dorch, Judge Gardephe ordered U.S. Marshals to serve defendants and denied fee-free status for an appeal.
Cleament France, the City of New York, Fred Dorch, Luis Angeles, and William Rojas; the Clerk of Court and U.S. Marshals Service are directed to take service-related actions.
What happened
France v. Dorch is a civil-rights case brought without a lawyer by Cleament France against New York City and three police officers. France alleges that the defendants violated his constitutional rights, and the court had already allowed him to proceed without prepaying fees.
The court ordered the Clerk to issue summonses, prepare service forms, and send the necessary papers to the U.S. Marshals Service. It extended the service deadline to 90 days after the summonses are issued and instructed France to ask for more time if service is not completed. France must also notify the court if his address changes.
Judge Paul G. Gardephe directed the Clerk to mail France the order and an information package, and denied permission to proceed without prepaying fees for any appeal from this order. The order does not decide whether France’s constitutional-rights allegations are valid.
The detailed version
- France v. Dorch · No. 1:19-cv-09881
- Paul Gardephe
- Nov. 21, 2019
Background
Cleament France, who is incarcerated, filed this action without a lawyer under 42 U.S.C. § 1983, a federal civil-rights law that allows claims against state or local officials for constitutional violations. He names Fred Dorch, Luis Angeles, William Rojas, and the City of New York as defendants. The opinion states that France alleges the defendants violated his constitutional rights.
The court had previously granted France permission to proceed without prepaying filing fees. Because he received that permission, the court explained that France could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The opinion also notes that prisoners remain responsible for paying the full filing fee even when they receive this permission.
Service of Process
The court extended the time for service until 90 days after the summons is issued. It explained that France could not have served the summons and complaint before the court reviewed the complaint and ordered that a summons be issued. If service is not completed within that period, France should request an extension of time.
The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the required papers to the Marshals Service. The Marshals Service is to serve the City of New York and the three named police officers. France must notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.
Disposition
Judge Paul G. Gardephe ordered the Clerk to mail France a copy of the order and an information package, issue the summonses, complete the service forms with the defendants’ addresses, and provide the documents to the Marshals Service. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order concerns service and appeal-fee status; it does not resolve the merits of France’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.