Simmons v. Marasa
- Philip Halpern
- 7:17-cv-08886
- U.S. District Court · Southern District of New York
- 2
In Antoine Simmons v. Heide Mason, Judge Smith ordered U.S. Marshals service for two defendants and explained the plaintiff’s service and address-update responsibilities.
The order affects Antoine Simmons, defendants Elliot K. Lee and Dr. Audrey Pendleton, the Clerk of Court, and the U.S. Marshals Service by arranging service of the lawsuit and stating Simmons’s related responsibilities.
What happened
In Antoine Simmons v. Heide Mason, Antoine Simmons, who was incarcerated and representing himself, brought a civil-rights case under a federal law known as Section 1983. His second amended complaint named Elliot K. Lee and Dr. Audrey Pendleton as defendants.
The court directed the Clerk to prepare service forms and a summons for each defendant. It gave the U.S. Marshals Service the addresses provided for Lee and Pendleton so the Marshals could deliver the lawsuit papers.
Judge Lisa M. Smith also explained that service generally must be completed within 90 days after the summons is issued. The order reminded Simmons that he must request more time if needed and must notify the court in writing of any address change; the court may dismiss the action if he does not do so.
The detailed version
- Simmons v. Marasa · No. 7:17-cv-08886
- Philip Halpern
- Mar. 2, 2020
Background
Antoine Simmons, who was incarcerated at Cape Vincent Correctional Center, brought this action without a lawyer under 42 U.S.C. § 1983, alleging violations of his civil rights. The court had previously allowed him to proceed without paying filing fees in advance. On April 4, 2019, Simmons filed a Second Amended Complaint naming Elliot K. Lee and Dr. Audrey Pendleton as defendants.
Counsel for another defendant, Dr. Sheldon Teperman, provided last-known addresses for Lee and Pendleton so they could be served.
Order
To permit service through the U.S. Marshals Service, the court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant. The order identified a service address for Elliot K. Lee and a service address for Dr. Audrey Pendleton. It also instructed the Clerk to issue a summons and deliver the necessary paperwork to the Marshals Service.
Service Requirements and Disposition
The order explained that Federal Rule of Civil Procedure 4(m) generally requires service of the summons and complaint within 90 days after the summons is issued. It stated that Simmons is responsible for requesting an extension if necessary. It also required him to notify the court in writing if his address changes and warned that the court may dismiss the action if he fails to do so.
Judge Lisa M. Smith entered an order of service. The opinion did not decide the merits of Simmons’s civil-rights claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.