Tasfay v. Ramos

Background

The plaintiffs, who were proceeding without lawyers, brought an action alleging violations of their constitutional rights. The court had previously allowed them to proceed without paying filing fees. Because of that permission, the plaintiffs could rely on the court and the U.S. Marshals Service to serve the defendants.

Federal Rule of Civil Procedure 4 generally requires service within 90 days after the complaint is filed. The court explained that these plaintiffs could not serve the summonses and complaint until the court reviewed the complaint and ordered summonses to be issued. The court therefore extended the service period until 90 days after the summonses are issued. The court stated that, if service was not completed within that period, the plaintiffs should request an extension.

Service of Acacia

An earlier attempt by the U.S. Marshals Service to serve Acacia at a different address provided by the plaintiffs was unsuccessful. To permit service at the listed address—300 East 175th Street, Bronx, New York 10457—the court instructed the Clerk of Court to complete a U.S. Marshals Service process form for Acacia, issue a summons, and deliver the necessary paperwork to the Marshals Service.

Disposition

Judge Alison J. Nathan ordered the Clerk of Court to issue the summons, complete the service form with Acacia’s address, and deliver the documents to the U.S. Marshals Service. The order addressed service procedures and did not resolve the merits of the plaintiffs’ constitutional-rights allegations.