Zappin v. Cooper
- Edgardo Ramos
- 1:20-cv-02669
- U.S. District Court · Southern District of New York
- 2
In Zappin v. Cooper, Judge Ramos ordered service steps for a pro se federal civil-rights lawsuit and warned of possible dismissal for failure to proceed.
Anthony Zappin and the defendants Matthew F. Cooper, Lauren Liebhauser, Kevin M. Doyle, and Hannah Yu; Zappin was responsible for completing service within 90 days unless he requested more time or reported that he could not do so.
What happened
In Zappin v. Cooper, Anthony Zappin, representing himself, brought a federal civil-rights lawsuit claiming that the defendants arrested him in retaliation for exercising his free-speech rights. The court had already allowed him to proceed without paying filing fees.
Because of that fee waiver, the court said Zappin could ordinarily rely on the U.S. Marshals Service to serve the defendants. But because the COVID-19 outbreak was creating service difficulties, the court directed the Clerk to issue electronic summonses for Matthew F. Cooper, Lauren Liebhauser, Kevin M. Doyle, and Hannah Yu, and directed Zappin to serve them within 90 days.
Judge Edgardo Ramos ordered that Zappin could ask the court for help from the Marshals Service if he could not complete service. The court stated that it may dismiss the claims against defendants if, within 90 days, Zappin neither served them, requested more time, nor told the court he could not serve them.
The detailed version
- Zappin v. Cooper · No. 1:20-cv-02669
- Edgardo Ramos
- Apr. 8, 2020
Background
Anthony Zappin, appearing without a lawyer, brought an action under 42 U.S.C. § 1983, a federal law allowing certain claims against state actors for violating federal rights. He alleged that the defendants abused legal process by arresting him in retaliation for exercising his right to free speech. The court had previously granted his request to proceed without paying filing fees.
Service Order
The court explained that people permitted to proceed without prepaying fees may generally rely on the court and the U.S. Marshals Service to serve process. Because the COVID-19 outbreak had created difficulties with service, the court instead directed the Clerk of Court to issue electronic summonses to Zappin for Matthew F. Cooper, Lauren Liebhauser, Kevin M. Doyle, and Hannah Yu. Zappin was directed to serve each defendant with the summons and complaint within 90 days after the summonses were issued.
If Zappin could not serve the defendants, the court directed him to write to the court; the court said it could then direct the Marshals Service to complete service. The court also stated that if, within 90 days, Zappin did not serve the defendants, request an extension, or inform the court that he was unable to serve them, it might dismiss the claims against them under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute.
Disposition
Judge Edgardo Ramos ordered the Clerk to issue the electronic summonses. This order addressed service of the lawsuit and did not decide whether Zappin's allegations were legally or factually valid.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.