Grossman v. United States of America
- Nelson Roman
- 7:19-cv-09191
- U.S. District Court · Southern District of New York
- 2
In Grossman v. United States of America, Judge Roman extended service deadlines and ordered help locating one defendant in Grossman’s religious-rights suit.
Yitz Grossman, the six named defendants, the New York State Attorney General, and the Clerk of Court. Grossman received additional time to serve five defendants, and the Attorney General was ordered to help identify a service address for Officer Ahamad Rezak.
What happened
In Grossman v. United States of America, Yitz Grossman, representing himself, alleged that employees at Otisville Correctional Facility violated his federally protected right to practice his religion while he was incarcerated there.
Grossman asked for more time to serve the summons and amended complaint because of health-related reasons and the global pandemic. He also said he could not serve Officer Ahamad Rezak, also known as Ahmed Rezak, at either of the addresses he had found.
Judge Nelson S. Roman granted Grossman’s request for more time. The court ordered the New York State Attorney General to provide a current service address for Rezak and gave Grossman 45 days to serve the other five named defendants. The order did not decide whether Grossman’s religious-rights allegations were valid.
The detailed version
- Grossman v. United States of America · No. 7:19-cv-09191
- Nelson Roman
- Aug. 24, 2020
Background
Yitz Grossman brought this action without a lawyer and paid the filing fee. He alleged that defendants connected with Otisville Correctional Facility violated his federally protected right to freely practice his religion while he was incarcerated there. The defendants named in the opinion are Warden B. Von Blackensee, Captain Matt Whinery, Executive Assistant/Camp Administrator Chris Entzel, Chaplain Avrohom Richter, J.L. Maldonado, and Officer Ahamad Rezak, also known as Ahmed Rezak.
The court had previously directed the Clerk of Court to issue summonses and directed Grossman to serve the summonses and amended complaint within 90 days. Summonses were issued on February 5, 2020. Grossman later requested additional time, stating that health-related reasons and the global pandemic prevented him from completing service. He also stated that he had been unable to serve Rezak at Rezak’s last known residential or business address.
Court’s Action
The court relied on the rule that a person representing himself in court is entitled to the district court’s assistance in identifying a defendant. It directed the New York State Attorney General to provide Grossman and the court with a current address where Rezak could be served within 45 days of the order. After receiving that address, the court said it would issue a supplemental service order directing the Clerk to prepare a USM-285 form with the correct address.
The court granted Grossman’s request for an extension of time to serve the summons and amended complaint on Von Blackensee, Whinery, Entzel, Richter, and Maldonado. Grossman was required to complete that service within 45 days of the order. The Clerk was also directed to mail the order to Grossman and the New York State Attorney General.
Classification and Effect
This was a procedural order about service of process—the formal delivery of lawsuit papers—not a decision on the merits of Grossman’s religious-rights allegations. Judge Nelson S. Roman did not decide whether any defendant violated Grossman’s rights.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.