Todd v. Silverman

Background

Keith Todd, who was incarcerated at Fishkill Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983. He alleged that Leroy Fields, Adam W. Silverman, Anne Marie McGrath, Tina Stanford, and Anthony J. Annucci were holding him in custody beyond the maximum expiration date of his sentence. The court had previously granted Todd permission to proceed without prepaying filing fees.

Service of Process

Because Todd was proceeding without prepaying filing fees, he was entitled to rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that Todd could not have served the defendants before the court reviewed the complaint and ordered summonses to be issued. It therefore extended the time for service until 90 days after the summonses were issued. The court stated that Todd should request an extension if service was not completed within that period.

Ruling

Judge Nelson S. Roman ordered the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the necessary paperwork and addresses to the U.S. Marshals Service. The Clerk was also directed to mail Todd a copy of the order and an information package. Todd was required to notify the court in writing of any address change, and the court stated that the action could be dismissed if he failed to do so. The order addressed service of the lawsuit and did not decide whether Todd’s custody allegation was legally or factually correct.