Edwards v. Mangion
- Vincent Briccetti
- 7:20-cv-07370
- U.S. District Court · Southern District of New York
- 4
In Edwards v. Mangion, Judge Briccetti ordered the United States Marshals Service to serve Edwards’s medical-care lawsuit after he was allowed to proceed without upfront fees.
Clint Edwards and the six named medical defendants are affected. The order requires the Clerk of Court and the United States Marshals Service to arrange service on the defendants.
What happened
In Edwards v. Mangion, Clint Edwards, who was incarcerated at Sing Sing Correctional Facility, brought a lawsuit claiming that he was denied adequate and timely medical care while detained at the Westchester County Jail. The lawsuit names six medical defendants.
The court had previously allowed Edwards to proceed without paying court fees upfront. Because of that status, Edwards could rely on the court and the United States Marshals Service to serve the defendants. The court extended the service deadline to 90 days after the summonses are issued.
Judge Vincent L. Briccetti ordered the Clerk of Court to prepare service forms, issue summonses, and give the necessary papers to the United States Marshals Service for service on all six defendants. The order addressed service only and did not decide whether Edwards’s medical-care claims were valid.
The detailed version
- Edwards v. Mangion · No. 7:20-cv-07370
- Vincent Briccetti
- Sept. 16, 2020
Background
Clint Edwards, described as incarcerated at Sing Sing Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleges that he was denied adequate and timely medical care while detained in the Westchester County Jail. The defendants are Jeremy Mangion, M.D.; Nathaniel Rawicki, M.D.; Adam Shaner, M.D.; Ashlyn Morse, M.D.; William J. Walsh, M.D.; and Christopher Meltsakos, M.D.
The court had previously granted Edwards permission to proceed without prepayment of fees. This status allows a qualifying plaintiff to rely on the court and the United States Marshals Service to carry out service of process, meaning formal delivery of the summons and complaint to the defendants. The opinion also notes that prisoners must still pay the full filing fee over time under the applicable statute.
Service Order
The court explained that the usual 90-day period for serving a complaint begins when the complaint is filed, but Edwards could not serve the defendants before the court reviewed the complaint and ordered that summonses be issued. The court therefore extended the service period to 90 days after the summonses are issued. It stated that Edwards should request an extension if service is not completed within that period.
The Clerk of Court was directed to complete a United States Marshals Service Process Receipt and Return form for each defendant, issue summonses, and provide the Marshals Service with the paperwork needed to serve the defendants. The order lists Westchester County Medical Center as the service address for each defendant. Edwards was also directed to notify the court in writing if his address changes, and the court stated that the action could be dismissed if he fails to do so.
Disposition
Judge Vincent L. Briccetti ordered the Clerk of Court to mail Edwards a copy of the order and an information package, complete the service forms with the defendants’ addresses, issue summonses, and deliver the documents to the United States Marshals Service. The order concerns service of the lawsuit; it does not resolve the merits of Edwards’s medical-care allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.