Christy v. Bastain
- John Cronan
- 1:19-cv-09666
- U.S. District Court · Southern District of New York
- 3
In Christy v. Bastain, Judge Carter vacated a dismissal warning and ordered steps to help serve two newly named defendants.
Christy, Dr. Nirmal Tejwani, Dr. Mahure, the other defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Christy v. Bastain, the court received Christy’s response to an order asking why the case should not be dismissed for failure to prosecute. The court vacated that earlier order.
Because Christy was allowed to proceed without paying filing fees and was representing himself, the court directed the Clerk and U.S. Marshals Service to help serve Dr. Nirmal Tejwani and Dr. Mahure, who had not yet been served. The court extended the service deadline to 90 days after the summonses are issued and renewed its request that the Warden of Rikers Island waive service.
Judge Andrew L. Carter, Jr. also directed notice to the New York City Law Department and Department of Correction and postponed a requested pre-motion conference until the remaining defendants answer or otherwise respond. The order did not decide the underlying claims.
The detailed version
- Christy v. Bastain · No. 1:19-cv-09666
- John Cronan
- Aug. 26, 2020
Background
The court had previously issued an order asking why Christy’s claim should not be dismissed for failure to prosecute. After receiving Christy’s response, the court vacated that August 4, 2020 order.
The opinion states that Christy had permission to proceed without paying filing fees and was representing himself. Under the rules cited by the court, a qualifying plaintiff may rely on the court and the U.S. Marshals Service to complete service of process.
Service of Defendants
Dr. Nirmal Tejwani and Dr. Mahure were named for the first time in the amended complaint, but they had not received service of summons. The court directed the Clerk of Court to issue summonses, complete the required U.S. Marshals Service forms with the defendants’ addresses, and provide the necessary paperwork to the Marshals Service.
The court extended the usual 90-day service period. It ordered that the service period would run until 90 days after the summonses were issued. The court stated that if the amended complaint was not served within that period, Christy should request an extension of time.
Other Directions
The court directed the Clerk to notify the New York City Law Department and the New York City Department of Correction about the order. It also renewed its request that the Warden of Rikers Island waive service of summons.
The court said it would reschedule the pre-motion conference requested by Bernard Chukwaneke and Glenda Shearan after the remaining defendants answered or otherwise responded to the amended complaint. The court directed the defendants to serve Christy with the order and file proof of service by September 2, 2020.
Disposition and Scope
Judge Andrew L. Carter, Jr. vacated the August 4, 2020 order to show cause and issued directions concerning service. The order did not dismiss the case or decide the merits of Christy’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.