Beaman v. United States
- Vernon Broderick
- 1:20-cv-00309
- U.S. District Court · Southern District of New York
- 3
In Beaman v. United States, Judge Broderick ordered Marshals service for Shelton Beaman’s Federal Tort Claims Act negligence suit.
Shelton Beaman and the United States; the order directs court personnel and the U.S. Marshals Service to serve the United States.
What happened
In Beaman v. United States, Shelton Beaman, representing himself, alleges that the New York Harbor Veterans Affairs Medical Center negligently provided medical care under the Federal Tort Claims Act.
The court had allowed Beaman to proceed without paying filing fees. Because he could not serve the United States before the court reviewed his complaint and issued a summons, the court extended the service deadline to 90 days after the summons is issued.
Judge Vernon S. Broderick ordered the Clerk of Court to issue the summons, complete the service forms, and send the necessary documents to the U.S. Marshals Service. The order did not decide whether the medical-care negligence claim has merit.
The detailed version
- Beaman v. United States · No. 1:20-cv-00309
- Vernon Broderick
- Jan. 27, 2020
Background
Shelton Beaman, appearing without a lawyer, brought an action against the United States under the Federal Tort Claims Act, alleging negligence in the medical care provided by the New York Harbor Veterans Affairs Medical Center. The court had previously granted his request to proceed without prepaying filing fees.
Service of Process
Because Beaman was permitted to proceed without prepaying fees, he could rely on the court and the U.S. Marshals Service to serve the defendant. The court explained that he could not have served the summons and complaint until the court reviewed the complaint and ordered a summons issued. It therefore extended the deadline for service to 90 days after the summons is issued. The court stated that, if service is not completed within that period, Beaman should request an extension of time.
The court directed the Clerk of Court to issue the summons, complete the U.S. Marshals Service process forms with the addresses for the United States, and deliver the required documents to the Marshals Service. Beaman must notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so.
Disposition
Judge Vernon S. Broderick entered an order directing the Clerk of Court to mail the order and an information package to Beaman and to arrange service through the U.S. Marshals Service. The order addressed service and filing-fee procedure; it did not decide the merits of Beaman’s negligence claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.