Bacon v. Evans

Background

Ryan-Mykal S. Bacon, who was incarcerated at Sullivan Correctional Facility, brought this action under 42 U.S.C. § 1983, a federal law that allows claims for certain constitutional violations by state actors. He alleged that Joshua Evans violated his rights under the Eighth and Fourteenth Amendments. Bacon was representing himself. The court had previously granted his request to proceed without paying court fees upfront, although the opinion notes that prisoners must still pay the full filing fee over time under the applicable statute.

Service of the Lawsuit

Because Bacon was allowed to proceed without paying fees upfront, the court determined that he could rely on the court and the U.S. Marshals Service to serve Evans. The court explained that Bacon could not serve the summons and complaint before the court reviewed the complaint and ordered that a summons be issued. It therefore extended the time for service until 90 days after the summons is issued. If service is not completed within that period, Bacon should request an extension of time.

The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for Evans, issue a summons, and provide the Marshals Service with the documents needed to serve him at the address listed in the order. The court also required Bacon to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Ruling

Judge Kenneth M. Karas ordered the Clerk of Court to mail Bacon a copy of the order and an information package, complete the service forms, and deliver the necessary documents to the Marshals Service. The order addressed service of process only; it did not decide the merits of Bacon’s constitutional claims.