Mosley v. Campbell
- Lewis Liman
- 1:19-cv-10722
- U.S. District Court · Southern District of New York
- 3
In Mosley v. Campbell, Judge Ramos ordered Marshals Service delivery and extended the service deadline for pro se plaintiff Osiris Mosley.
Osiris Mosley, who was proceeding without a lawyer, and Danny Campbell, whom the court directed the U.S. Marshals Service to serve.
What happened
In Mosley v. Campbell, Osiris Mosley, representing himself, sued New York City Police Officer Danny Campbell, alleging violations of his federal constitutional rights and state law. The court treated the federal claims as claims under a civil-rights statute.
Because Mosley was allowed to proceed without paying court fees, the court said the U.S. Marshals Service would handle service of the lawsuit. The court extended the service deadline to 90 days after the summons was issued and instructed the clerk to prepare and send the necessary documents.
Judge Edgardo Ramos ordered the clerk to issue the summons, complete the service form, and deliver the documents to the Marshals Service. The order did not decide whether Mosley's claims were valid.
The detailed version
- Mosley v. Campbell · No. 1:19-cv-10722
- Lewis Liman
- Dec. 19, 2019
Background
Osiris Mosley, proceeding without a lawyer, sued Danny Campbell, identified in the complaint as a police officer of the City of New York sued in his individual capacity. Mosley alleged that Campbell violated his federal constitutional rights. The court construed the complaint as asserting claims under 42 U.S.C. § 1983 and state law.
The court had granted Mosley's request to proceed without prepaying filing fees. The opinion refers to this status as proceeding in forma pauperis, meaning that the plaintiff may proceed without paying those fees in advance.
Service of Process
Because Mosley was proceeding without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve Campbell with the summons and complaint. Under the usual rule, service generally must occur within 90 days after the complaint is filed. The court concluded that Mosley could not serve Campbell before the court reviewed the complaint and ordered that a summons be issued.
The court therefore extended the time for service until 90 days after the summons for Campbell was issued. It stated that, if service was not completed within that period, Mosley should request an extension of time. The court also instructed Mosley to notify the court if his address changed and stated that the action could be dismissed if he failed to do so.
Ruling
Judge Edgardo Ramos directed the clerk to mail Mosley a copy of the order and an information package; issue a summons for Campbell; complete a U.S. Marshals Service Process Receipt and Return form with Campbell's service address; and deliver the documents needed for the Marshals Service to serve Campbell.
This was an order about initiating service of the lawsuit. The opinion did not decide the merits of Mosley's constitutional or state-law claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.