Hernandez v. City of New York
- Gregory Woods
- 1:18-cv-06418
- U.S. District Court · Southern District of New York
- 3
In Hernandez v. City of New York, Judge Woods extended the service deadline and ordered Marshals Service assistance for a plaintiff allowed to proceed without prepaying fees.
The plaintiff referred to in the order, the defendants Siles, Habib, and Diego Beekman Mutual Housing, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Hernandez v. City of New York, the caption lists Angel Hernandez and Ana Garcia as plaintiffs suing the City of New York and other defendants. The order concerns a plaintiff who was allowed to proceed without prepaying court fees.
The court extended the deadline for service until 90 days after the summons is issued. It directed the Clerk of Court and the U.S. Marshals Service to prepare and serve the paperwork for Manuel Siles, Omar Habib, and Diego Beekman Mutual Housing.
Judge Gregory H. Woods also required the plaintiff to report any address change and stated that the case could be dismissed if the plaintiff failed to do so. The court denied permission to proceed without prepaying fees on any appeal from this order.
The detailed version
- Hernandez v. City of New York · No. 1:18-cv-06418
- Gregory Woods
- Dec. 4, 2019
Background
The caption names Angel Hernandez and Ana Garcia as plaintiffs and the City of New York, Manuel Siles, P.O. Shield # 844, Omar Habib, P.O. Shield # 844, and Diego Beekman Mutual Housing as defendants. The order states that the plaintiff had been granted permission to proceed without prepaying court fees. Because a plaintiff proceeding under that status may rely on the court and the U.S. Marshals Service to serve process, the plaintiff could not serve the summons and complaint until the court reviewed the complaint and ordered a summons issued.
Service Instructions
The court extended the time for service to 90 days after the summons is issued, rather than 90 days after the complaint was filed. It instructed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms for Siles, Habib, and Diego Beekman Mutual Housing, issue a summons, and provide the Marshals Service with the documents needed for service. The Clerk was also directed to mail the plaintiff a copy of the order and an information package by first-class and certified mail.
Other Requirements and Ruling
The order requires the plaintiff to notify the court in writing of any address change and warns that the court may dismiss the action if the plaintiff fails to do so. Judge Gregory H. Woods certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order does not decide the underlying claims against the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.