Terry v. Stamford

Background

This is an order about service of process, not a decision on the underlying claims. The caption names Tina Stamford, Parole Board Chairman, as a defendant. The opinion refers to Defendant Crangle, and the service-address section identifies that person as Parole Board Commissioner Joseph Crangle. The opinion states that Terry is proceeding without a lawyer and has been granted permission to proceed without paying filing fees.

Under the court’s earlier order, the New York Attorney General’s Office was asked to identify Defendant Crangle and provide an address where he could be served. The office responded with a service address on November 5, 2020.

Service Order

Because Terry was allowed to proceed without paying filing fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the usual 90-day service period so that the deadline would be 90 days after summonses were issued. The court stated that, if the amended complaint was not served within that period, Terry should request more time.

The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for Terry, issue summonses, and deliver the necessary paperwork to the Marshals Service so it could serve Defendant Crangle. The order also reminded the defendants that, under the cited New York law, failing to return the acknowledgment form within 30 days could result in service costs being entered as a judgment against them.

Other Rulings and Effect

Defendants were directed to promptly serve Terry with a copy of the order and file proof of service on the docket. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith, and it denied permission to proceed without paying fees for purposes of an appeal. Judge Jesse M. Furman did not rule on the merits of Terry’s claims. The order is therefore a procedural order concerning service and appeal-related fee status.