Tasfay v. Ramos

Background

The plaintiffs, appearing without lawyers, brought an action alleging violations of their constitutional rights. The court had previously granted them permission to proceed without prepaying filing fees. In such cases, federal law allows plaintiffs to rely on the court and the U.S. Marshals Service to serve the defendants.

Service of process

The court explained that the usual rule generally requires service of the summons and complaint within 90 days after the complaint is filed. Because these plaintiffs could not serve the defendants until the court reviewed the complaint and ordered summonses to be issued, the court extended the service period to 90 days after the summonses are issued. If service is not completed within that period, the plaintiffs should request an extension of time.

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each of the following defendants: Melissa Ramos, Johani Vialet-Rodriguez, Acacia, and Nadia DiSalvo. The Clerk was also directed to issue summonses and provide the Marshals Service with the documents needed to serve those defendants.

Other requirement and ruling

The plaintiffs must notify the court in writing if their address changes. The court stated that it may dismiss the action if they fail to do so. The order instructed the Clerk of Court to issue the summonses, complete the service forms with the defendants’ addresses, and deliver the necessary documents to the Marshals Service. It did not decide whether the plaintiffs’ constitutional claims were valid. Judge Alison J. Nathan signed the order.