Warren v. Quick
- Vincent Briccetti
- 7:19-cv-10989
- U.S. District Court · Southern District of New York
- 4
In Warren v. Quick, Judge Briccetti directed service steps and denied Warren fee-free status for any appeal.
Vincent Warren and the defendants Shelley Mallozzi and Rebecca A. Loren, whose service addresses and summons paperwork were addressed by the order.
What happened
In Warren v. Quick, Vincent Warren, representing himself and without paying filing fees, alleged that the defendants violated his constitutional rights. The court had already directed the U.S. Marshals Service to serve three named defendants.
Warren provided corrected addresses for Shelley Mallozzi and Rebecca A. Loren. The court directed the Clerk of Court to complete the required service forms, issue an amended summons for those defendants, and give the necessary papers to the Marshals Service.
Judge Vincent L. Briccetti also stated that Warren was responsible for ensuring service within 90 days after the summons was issued and for requesting an extension if needed. The court denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Warren v. Quick · No. 7:19-cv-10989
- Vincent Briccetti
- Jan. 6, 2020
Background
Vincent Warren, who was proceeding without a lawyer and without paying filing fees, filed a complaint alleging that Quandera Quick, Shelley Mallozzi, Rebecca A. Loren, and unidentified defendants violated his constitutional rights. The court had directed the U.S. Marshals Service to serve Quick, Mallozzi, and Loren at Sing Sing Correctional Facility.
Warren later sent the court corrected addresses for Mallozzi and Loren at the New York State Department of Corrections and Community Supervision's Harriman State Campus. The opinion concerns service of process—the formal delivery of the lawsuit and related papers to the defendants—not the merits of Warren's constitutional allegations.
Court's Action
The court directed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms for Mallozzi and Loren, issue an amended summons for them, and provide the Marshals Service with the documents needed to serve them at the corrected addresses.
The court stated that Warren was responsible for ensuring service within 90 days after the summons was issued and, if necessary, requesting more time. It also required Warren to notify the court in writing if his address changed and warned that the action could be dismissed if he failed to do so.
Disposition
Judge Vincent L. Briccetti directed the Clerk of Court to take the specified steps to facilitate service on the listed defendants. The court certified that an appeal from the order would not be taken in good faith and denied Warren fee-free status for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.