Warren v. Quick

Background

Vincent Warren, who was incarcerated at Sing Sing Correctional Facility, brought this self-represented action under 42 U.S.C. § 1983, a federal law that allows claims against state actors for violating constitutional rights. He alleged First Amendment retaliation. In an order dated December 11, 2019, the court allowed him to proceed without paying court fees upfront.

Service of process

The court explained that a plaintiff allowed to proceed without upfront fees may rely on the court and the U.S. Marshals Service to serve the defendants. Because Warren could not serve the summons and complaint until the court reviewed the complaint and ordered summonses issued, the court extended the service period to 90 days after the summonses were issued. The court stated that Warren should request an extension if service was not completed by that deadline.

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the necessary papers to the Marshals Service. The order identified the defendants to be served as Quandera Quick, Shelley Mallozzi, and Rebecca Loren. Warren 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

Judge Vincent L. Briccetti ordered the Clerk to mail Warren a copy of the order and an information package and to arrange delivery of the service materials to the U.S. Marshals Service. This was an order concerning service of the lawsuit; it did not decide the merits of Warren’s retaliation claim.