Coke v. New York State Department of Corrections & Community Supervision…
Coke v. New York State Department of Corrections & Community Supervision Medical Services Department
- Philip Halpern
- 7:19-cv-10038
- U.S. District Court · Southern District of New York
- 4
In Coke v. Chief Medical Officer, Judge Halpern ordered the U.S. Marshals Service to serve two defendants.
The order affected William James Coke Sr., the two defendants identified for service—Shelly Mallozzi and Christine Raffaele—and the Clerk of Court and U.S. Marshals Service, which were directed to carry out service.
What happened
In Coke v. New York State Department of Corrections & Community Supervision Medical Services Department, William James Coke Sr., who was incarcerated at Sing Sing Correctional Facility, brought a constitutional-rights case without a lawyer. He had permission to proceed without paying court fees in advance.
The court explained that the Marshals Service would handle service of the complaint and summonses because Coke had been granted that permission. It extended the service deadline to 90 days after the summonses were issued and directed the Clerk of Court to prepare the necessary forms and paperwork for serving Shelly Mallozzi and Christine Raffaele.
Judge Philip M. Halpern ordered the Clerk to mail Coke the order and an information package, issue the summonses, and send the documents to the Marshals Service. The order did not decide whether Coke’s constitutional allegations were valid.
The detailed version
- Coke v. New York State Department of Corrections & Community Supervision… · No. 7:19-cv-10038
- Philip Halpern
- June 24, 2020
Background
William James Coke Sr. filed a pro se action alleging that the defendants violated his constitutional rights. The opinion states that he was incarcerated at Sing Sing Correctional Facility and that the court had previously granted him permission to proceed without paying court fees in advance.
The order concerns service of process—the formal delivery of the summons and complaint to the defendants. Because Coke was proceeding without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to carry out service. The court also noted that prisoners remain responsible for paying the full filing fee over time, even when granted permission to proceed without prepaying it.
Ruling
The court extended the time for service until 90 days after the summons was issued. It directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for Shelly Mallozzi and Christine Raffaele, issue summonses, and deliver the necessary documents to the Marshals Service.
The court also directed the Clerk to mail Coke a copy of the order and an information package. The order states that Coke must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so. The opinion does not address the merits of Coke’s constitutional allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.