Gregory Destine a/k/a/ Mrs. GoGo Destine v. The City of New York

Background

Gregory Destine, who was incarcerated and appeared without a lawyer, sued the City of New York and Police Officer Joseph. The court construed the complaint as asserting claims under 42 U.S.C. § 1983, a statute allowing claims for certain constitutional-rights violations by state or local officials, as well as state-law claims. The court had previously granted Destine permission to proceed without paying the filing fee upfront. The opinion also states that prisoners must still pay the full filing fee over time under the applicable statute.

Service of the complaint

The court explained that a person allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the summons and complaint. Because Destine could not have served the defendants before the court reviewed the complaint and ordered summonses, the court extended the service deadline to 90 days after summonses are issued. The court said that, if service is not completed within that period, Destine should request an extension of time.

The clerk was instructed to issue summonses for the City of New York and Officer Joseph, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and provide the necessary paperwork to the Marshals Service. Destine was also required to notify the court of any address change; the order states that the action may be dismissed if he fails to do so.

Ruling

Judge Laura Taylor Swain directed the clerk to mail Destine a copy of the order and an information package and to arrange service through the Marshals Service. The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed service and appeal-fee status; it did not decide the merits of Destine's constitutional or state-law claims.