Lewis v. Jacobson
- Cathy Seibel
- 7:20-cv-07973
- U.S. District Court · Southern District of New York
- 3
In Regina Lewis v. City of Newburgh, Judge Seibel ordered Marshals service and extended the service deadline for Lewis’s lawsuit.
Regina Lewis, the City of Newburgh, and Joseph Donat are affected. The order arranges Marshals service on the defendants and sets Lewis’s service deadline and address-notification obligation.
What happened
In Regina Lewis v. City of Newburgh, Regina Lewis is suing the City of Newburgh and Joseph Donat. The opinion identifies Lewis as representing herself and says she was allowed to proceed without paying court fees upfront.
The court directed the Clerk of Court to issue summonses and provide the U.S. Marshals Service with the documents and addresses needed to serve the City and Donat. Because Lewis is proceeding without paying fees, the court extended the service deadline to 90 days after the summonses are issued.
Judge Cathy Seibel also directed the Clerk to mail Lewis a copy of the order and an information package. The order requires Lewis to notify the court in writing if her address changes and states that the case may be dismissed if she does not do so.
The detailed version
- Lewis v. Jacobson · No. 7:20-cv-07973
- Cathy Seibel
- Dec. 22, 2020
Background
Regina Lewis, appearing without a lawyer, brought an action alleging violations of her rights against the City of Newburgh and Joseph Donat. The opinion states that the court had already granted her permission to proceed without prepaying court fees.
Service of Process
Because Lewis was permitted to proceed without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendants. Although Federal Rule of Civil Procedure 4 generally requires service within 90 days after filing the complaint, the court found that Lewis could not have served the summons and complaint before the court reviewed the complaint and ordered summonses to be issued. The court therefore extended the service period to 90 days after the summonses are issued.
The Clerk of Court was instructed to complete a separate U.S. Marshals Service Process Receipt and Return form for the City of Newburgh and Joseph Donat, issue summonses, and deliver the necessary paperwork to the Marshals Service. The opinion lists service information for the City and for Donat, identified as the City Manager, at 83 Broadway, Newburgh, New York 12550.
Other Instructions and Disposition
The court directed the Clerk to mail Lewis the order and an information package. Lewis must notify the court in writing if her address changes, and the order states that the court may dismiss the action if she fails to do so. This order addresses service and related case administration; it does not decide the merits of Lewis’s allegations. Judge Cathy Seibel ordered the Clerk to take the specified steps to arrange service.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.