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S.D.N.Y.Procedural orderFiled Feb. 4, 2020

Grossman v. United States of America

Judge
Nelson Roman
Docket
7:19-cv-09191
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Grossman v. United States, Judge Roman ordered service of the complaint but did not decide whether officials violated Grossman’s religious-practice rights.

Who this affects

Yitz Grossman, who must serve the six named defendants or request an extension within 90 days; the named defendants, who are to receive summonses and the complaint.

What happened

Grossman v. United States concerns Yitz Grossman’s pro se claim that employees of Otisville Correctional Facility violated his right to freely practice his religion while he was incarcerated. The opinion does not decide whether that claim is valid.

The court directed the Clerk to issue summonses for Warden Von Blanckensee, Captain Matt Whinery, Executive Assistant/Camp Administrator Chris Entzel, Chaplain Avrohom Richter, J.L. Maldonado, and Correction Officer Ahamad Rezak, also known as Ahmed Rezak. Grossman was required to serve the summonses and complaint within 90 days or request an extension.

Judge Nelson S. Roman issued an order of service and directed the Clerk to mail Grossman the order, summonses, and an information package. The order warned that the case could be dismissed for failure to serve the defendants, failure to prosecute, or failure to report an address change.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Grossman v. United States of America · No. 7:19-cv-09191
Judge
Nelson Roman
Date
Feb. 4, 2020

Background

Yitz Grossman paid the filing fee and brought this pro se action, meaning he was representing himself. The opinion states that Grossman was on home confinement and that his claims concerned events at Otisville Correctional Facility. He alleged that Otisville employees violated his right to freely practice his religion.

Order of Service

An order of service directs the clerk to issue summonses and tells the plaintiff what steps are required to notify the defendants about the lawsuit. The court directed the Clerk of Court to issue summonses for Warden Von Blanckensee, Captain Matt Whinery, Executive Assistant/Camp Administrator Chris Entzel, Chaplain Avrohom Richter, J.L. Maldonado, and Correction Officer Ahamad Rezak, also known as Ahmed Rezak.

Grossman was directed to serve the summonses and complaint on the defendants within 90 days after the summonses were issued. The court stated that it might dismiss the action under Rules 4 and 41 of the Federal Rules of Civil Procedure if Grossman did not complete service or request an extension within that period. The court also stated that Grossman had to notify it in writing if his address changed and that failure to do so could result in dismissal.

Disposition

Judge Nelson S. Roman directed the Clerk to issue the summonses and to mail Grossman a copy of the order, the summonses, and an information package. The opinion does not determine whether the defendants violated Grossman’s religious-practice rights or otherwise address the merits of his claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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