McLean v. Clark
- Paul Engelmayer
- 1:19-cv-10967
- U.S. District Court · Southern District of New York
- 1
In Bashid McLean v. Hazel Jennings, Judge Moses ordered the Marshals Service to serve Samantha Brown after allowing McLean to proceed without prepaying fees.
Bashid McLean and defendant Samantha Brown, as well as the Clerk of Court and the U.S. Marshals Service responsible for arranging service.
What happened
Bashid McLean v. Hazel Jennings concerns service of the lawsuit on defendant Samantha Brown. The court had previously allowed McLean to proceed without prepaying court fees.
The court instructed the Clerk of Court to prepare the paperwork and summons needed for the U.S. Marshals Service to serve Brown. McLean must ensure service occurs within 90 days after the summons is issued and must ask for more time if needed.
Magistrate Judge Barbara Moses also directed McLean to notify the court in writing if his address changes, warning that the case may be dismissed if he does not. The order was dated December 16, 2020.
The detailed version
- McLean v. Clark · No. 1:19-cv-10967
- Paul Engelmayer
- Dec. 16, 2020
Background
The court previously granted Bashid McLean permission to proceed without prepaying court fees. This order addressed how McLean could serve defendant Samantha Brown through the U.S. Marshals Service.
Order
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Brown. The service address would be provided to the Clerk and the Marshals Service privately. The Clerk was also instructed to issue a summons and give the Marshals Service the paperwork needed to complete service.
The order states that McLean is responsible for ensuring service within 90 days after the summons is issued. If necessary, McLean must request an extension of that deadline. McLean must also notify the court in writing if his address changes; the court warned that it may dismiss the case if he fails to do so.
Disposition
Magistrate Judge Barbara Moses entered an order of service. The opinion does not state a ruling on the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.