Burke v. Reid-Cherry

Background

Ketanya Burke, appearing without a lawyer, brought an action alleging that Judge Elenor C. Reid and the City of New York violated her constitutional rights by discriminating against her and denying her due process in child-custody proceedings. Chief Judge Colleen McMahon had previously granted Burke permission to proceed without paying filing fees.

Service of Process

The court explained that a person permitted to proceed without paying filing fees may rely on the court and the U.S. Marshals Service to serve the defendants. Although Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after a complaint is filed, the court found that Burke could not have served the complaint before the court reviewed it and ordered summonses issued. The court therefore extended the service deadline to 90 days after the summonses are issued. It stated that Burke should request an additional extension if service is not completed within that period.

Order

Judge Paul G. Gardephe directed the Clerk of Court to issue summonses, complete a U.S. Marshals Service process form for Judge Reid and the City of New York, and deliver the necessary paperwork to the Marshals Service. The Clerk was also directed to mail Burke a copy of the order and an information package. Burke was required to notify the court in writing of any address change, and the court stated that the action could be dismissed if she failed to do so. The order addressed service procedures and did not rule on whether Burke’s constitutional claims were legally valid.