Ramos v. City of New York
- Denise Cote
- 1:20-cv-06852
- U.S. District Court · Southern District of New York
- 4
In Ramos v. City of New York, Judge Nathan combined the complaints and ordered service through Marshals without deciding the sentencing claim.
Chauncey Ramos and the City of New York; the Clerk of Court and U.S. Marshals Service must take steps to serve the City.
What happened
Ramos v. City of New York concerns Chauncey Ramos’s claim that a New York State court improperly sentenced him in 1992 as a persistent violent felony offender. He brought the case under a federal civil-rights law and is representing himself while incarcerated.
The court treated Ramos’s original and amended complaints together because the amended complaint did not include the exhibits from the original. Because Ramos had permission to proceed without prepaying filing fees, the court directed the Clerk to issue a summons and send the necessary papers to the U.S. Marshals Service for service on the City of New York.
The order also extended the service deadline to 90 days after the summons is issued and warned Ramos to notify the court of any address change. Judge Alison J. Nathan did not decide whether Ramos’s sentencing claim was valid.
The detailed version
- Ramos v. City of New York · No. 1:20-cv-06852
- Denise Cote
- Nov. 19, 2020
Background
Chauncey Ramos, who is proceeding without a lawyer and is incarcerated at Sing Sing Correctional Facility, brought this action under 42 U.S.C. § 1983. He alleges that a New York State court improperly sentenced him in 1992 as a persistent violent felony offender.
The court had previously granted Ramos permission to proceed without prepaying filing fees. Ramos submitted an amended complaint, but it did not include the exhibits attached to his original complaint.
Court’s Rulings
The court consolidated the original and amended complaints and designated them together as the operative complaint, meaning the pleadings that govern the action.
Because Ramos was permitted to proceed without prepaying fees, the court directed the Clerk of Court to prepare the required service paperwork, issue a summons, and deliver the documents to the U.S. Marshals Service. The Marshals Service is to serve the City of New York. The court extended the service deadline to 90 days after the summons is issued. It also directed Ramos to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.
This order addressed the pleadings and service of process. It did not decide the merits of Ramos’s allegation about his 1992 sentence.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.