Washington v. Balletto
- Cathy Seibel
- 7:19-cv-11949
- U.S. District Court · Southern District of New York
- 4
In Washington v. Balletto, Judge Seibel ordered U.S. Marshals service for a jailed plaintiff’s civil-rights lawsuit but denied appeal-fee-waiver status.
Dexter Washington, the four named defendants, the Clerk of Court, and the U.S. Marshals Service. Washington must request more time if service is not completed within 90 days after the summonses are issued and must report any address change.
What happened
Washington v. Balletto concerns Dexter Washington’s pro se lawsuit under a federal civil-rights law against four defendants. The court had already allowed him to proceed without paying filing fees in advance.
Because Washington was proceeding without advance fees, the court ordered the Clerk to issue summonses and prepare service forms so the U.S. Marshals Service could serve the defendants. The court extended the service deadline to 90 days after the summonses are issued and said Washington must ask for more time if service is not completed.
Judge Cathy Seibel also required Washington to notify the court of any address change and denied fee-waiver status for an appeal, certifying that an appeal would not be taken in good faith. This order did not decide whether Washington’s constitutional claims were valid.
The detailed version
- Washington v. Balletto · No. 7:19-cv-11949
- Cathy Seibel
- Feb. 13, 2020
Background
Dexter Washington, who was incarcerated in the Rockland County Jail, brought this lawsuit without a lawyer under 42 U.S.C. § 1983, alleging that the defendants violated his constitutional rights. The court had granted his request to proceed without paying filing fees in advance on February 4, 2020. The opinion notes that prisoners must still pay the full filing fee even when they receive this permission.
Service of the Lawsuit
Because Washington was allowed to proceed without advance payment, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summonses and complaint. The court extended the normal service period to 90 days after the summonses are issued because Washington could not have served the defendants before the court reviewed the complaint and ordered the summonses issued.
The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and send the necessary paperwork to the Marshals Service. The defendants listed for service were State Trooper Daniel J. Balletto, Shield No. 4421; Ray A. Wickenheiser, Director of the Mid-Hudson Satellite Crime Laboratory; Racheal Stubbs, Scientist III at that laboratory; and Michael Jankowiak, Captain of the Forensic Investigative Center. If the lawsuit is not served within the extended period, Washington must request an extension of time. He must also notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.
Ruling and Effect
Judge Cathy Seibel ordered the Clerk to mail Washington a copy of the order and an information package, issue the summonses, complete the service forms, and deliver the documents to the U.S. Marshals Service. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied permission to proceed without advance fees for purposes of an appeal. The order addressed service and appeal-fee status; it did not decide the merits of Washington’s constitutional claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.