Ridge v. Havas
- Vincent Briccetti
- 7:18-cv-08958
- U.S. District Court · Southern District of New York
- 4
In Ridge v. Solomon, Judge Briccetti ordered the Marshals to serve Solomon and denied fee-free status for an appeal.
Melbourne Ridge, Jr., Police Officer Yermia Solomon, the Clerk of Court, and the U.S. Marshals Service.
What happened
Melbourne Ridge, Jr. v. Yermia Solomon involved a constitutional-rights lawsuit brought by Ridge, who was representing himself and had permission to proceed without paying filing fees. The court had allowed Ridge to file an amended complaint adding Solomon and other defendants.
The Marshals Service could not initially serve Solomon because he was no longer employed by the Monticello Police Department. After defense counsel provided Solomon’s current address, the court directed the Clerk to prepare the service forms and summons and give the necessary papers to the Marshals Service.
Judge Briccetti stated that Ridge was responsible for ensuring service within 90 days after the summons was issued and for notifying the court of any address change. The court also denied fee-free status for any appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Ridge v. Havas · No. 7:18-cv-08958
- Vincent Briccetti
- Dec. 9, 2019
Background
Melbourne Ridge, Jr., who was proceeding without a lawyer and without paying filing fees, brought an action alleging that the defendants violated his constitutional rights. With the court’s permission, he filed an amended complaint dated July 15, 2019, replacing his original complaint and adding five defendants, including Police Officer Yermia Solomon.
The court previously directed that the amended complaint be served on the newly named defendants. The U.S. Marshals Service attempted to serve Solomon but was unsuccessful. The proof of service stated that Solomon was no longer employed by the Monticello Police Department. The court then directed defense counsel to provide Solomon’s current or last known address, and counsel supplied a current address on December 6, 2019.
Order
To permit service on Solomon through the U.S. Marshals Service, the court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons listing Solomon, and deliver the required paperwork to the Marshals Service. The service address was appended to the order.
The court stated that Ridge was responsible for ensuring that service was completed within 90 days after the summons was issued and, if necessary, requesting more time. Ridge was also required to notify the court in writing of any address change, and the court stated that the action could be dismissed if he failed to do so.
Disposition
The court directed the Clerk to complete the service forms with Solomon’s address and deliver the documents needed for service to the U.S. Marshals Service. Judge Vincent L. Briccetti also certified that any appeal from the order would not be taken in good faith and denied Ridge permission to proceed without paying fees for an appeal. The order did not decide whether Ridge’s constitutional-rights allegations were valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.