Christy v. Bastain
- John Cronan
- 1:19-cv-09666
- U.S. District Court · Southern District of New York
- 4
In Christy v. Warden of Rikers Island, Judge Carter ordered service on a newly named defendant and granted Shearn 30 extra days to respond.
Michael Christy, Bernard Chukwuneke, M.D., Glenda Shearn, the Clerk of Court, and the U.S. Marshals Service.
What happened
Michael Christy, who is representing himself, amended his complaint to name Bernard Chukwuneke, M.D. as a defendant. The court had already allowed Christy to proceed without paying filing fees.
The court ordered the Clerk to issue a summons and send the necessary papers to the U.S. Marshals Service so it could serve Chukwuneke. The court also extended the service deadline to 90 days after the summons is issued. Separately, it granted Glenda Shearn’s request to have 30 days after service to answer or otherwise appear.
Judge Andrew L. Carter, Jr. also directed Christy to notify the court of any address change and warned that the case could be dismissed if he failed to do so.
The detailed version
- Christy v. Bastain · No. 1:19-cv-09666
- John Cronan
- Jan. 29, 2020
Background
Michael Christy is proceeding without a lawyer and was previously allowed to proceed without prepaying court fees. On January 16, 2020, he filed an amended complaint naming Bernard Chukwuneke, M.D. as a defendant for the first time.
Service of Process
Because Christy was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the normal 90-day service period so that it would run from the date the summons is issued, because Christy could not serve the summons and complaint before the court reviewed the complaint and ordered a summons issued.
The Clerk of Court was instructed to issue a summons for Chukwuneke, complete the U.S. Marshals Service Process Receipt and Return form, and deliver the necessary paperwork to the Marshals Service. The order states that if service is not completed within the applicable period, Christy should request an extension of time. Christy was also required to notify the court in writing if his address changes, and the order states that the case may be dismissed if he fails to do so.
Extension for Defendant Shearn
Glenda Shearn requested additional time to answer or otherwise appear. The court granted that request, allowing her until 30 days after service.
Disposition
The court ordered the Clerk to prepare and transmit the documents needed to serve Chukwuneke through the Marshals Service. It also granted Shearn’s request for a time extension. The order did not decide the underlying claims in the amended complaint.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.