Davis v. City of New York
- Laura Swain
- 1:20-cv-03892
- U.S. District Court · Southern District of New York
- 2
Davis v. City of New York: Judge Aaron ordered Marshals service after Davis was allowed to proceed without paying filing fees.
Eugene J. Davis and the defendants in the case; the order directs the Clerk and the U.S. Marshals Service to carry out service.
What happened
In Davis v. City of New York, Eugene J. Davis had permission to proceed without paying filing fees and therefore could rely on the court and U.S. Marshals Service to serve the defendants.
The court instructed the Clerk to prepare service forms and summonses for each defendant and give the necessary papers to the Marshals Service. Davis was also told to notify the court if his address changes, or the case could be dismissed.
This service order did not decide the claims. Judge Stewart D. Aaron also provided filing information for people without lawyers and information about a legal clinic.
The detailed version
- Davis v. City of New York · No. 1:20-cv-03892
- Laura Swain
- June 16, 2020
Background
Davis had been granted permission to proceed without paying filing fees. The order explains that a person granted this status may rely on the court and the U.S. Marshals Service to serve the defendants.
Court’s action
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the paperwork needed for the Marshals Service to complete service. Davis was required to notify the court in writing if his address changes, and the court warned that it could dismiss the action if he failed to do so.
The order also encouraged parties proceeding without lawyers to submit filings by email during the health crisis. It provided information about a legal clinic operated by the New York Legal Assistance Group and clarified that the clinic is not part of the court and cannot file papers for the court.
Result and significance
Judge Stewart D. Aaron entered an order of service. The opinion does not address the merits of Davis’s claims or decide whether any defendant is liable.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.