Zeng v. Chell
- John Koeltl
- 1:19-cv-03218
- U.S. District Court · Southern District of New York
- 2
In Zeng v. Chell, Judge Parker ordered the Marshals Service to serve two defendants and extended the service deadline for this IFP plaintiff.
Xiamin Zeng and defendants Erlene Wiltshire and Irwin Luperon; the order directs the Clerk of Court and the U.S. Marshals Service to facilitate service.
What happened
In Zeng v. Chell, Xiamin Zeng’s amended complaint had not been served on defendants Erlene Wiltshire and Irwin Luperon. The court noted that Zeng had permission to proceed without paying filing fees, so she could rely on the court and the U.S. Marshals Service to complete service.
The court extended the deadline to serve the amended complaint until 90 days after the summons is issued. It stated that, if service is not completed by then, Zeng should request more time.
Judge Katharine H. Parker ordered the Clerk of Court to prepare service forms, issue the summons, and give the necessary papers to the Marshals Service for service on Wiltshire and Luperon. The order also directed the Clerk to mail Zeng a copy of the order.
The detailed version
- Zeng v. Chell · No. 1:19-cv-03218
- John Koeltl
- Oct. 1, 2020
Background
The court learned that Xiamin Zeng’s amended complaint had not been served on two individual defendants, Erlene Wiltshire and Irwin Luperon. Zeng had been granted permission to proceed without paying filing fees, which the order describes as proceeding in forma pauperis, or IFP. In an IFP case, the court and the U.S. Marshals Service can be responsible for completing service when the court orders it.
Service deadline
The court explained that Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after the complaint is filed. But an IFP plaintiff generally cannot serve the complaint until the court reviews it and orders that a summons be issued. The court therefore extended the service period until 90 days after the summons is issued. It stated that, if the amended complaint is not served within that period, Zeng should request an extension of time.
Order
Judge Katharine H. Parker instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Wiltshire and Luperon, issue a summons, and deliver all necessary paperwork to the Marshals Service so it could attempt service on those defendants. The Clerk was also directed to mail Zeng a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.