Murphy v. Roemer
- Nelson Roman
- 7:21-cv-00554
- U.S. District Court · Southern District of New York
- 4
In Murphy v. Roemer, Judge Roman ordered U.S. Marshals service for Murphy’s complaint and denied permission to appeal without prepaying fees.
Mark P. Murphy and Christopher Roemer; the order directs the Clerk of Court and the U.S. Marshals Service to serve Roemer and addresses Murphy’s ability to appeal without prepaying fees.
What happened
In Murphy v. Roemer, Mark P. Murphy, who was detained in Westchester County custody, brought a self-represented civil-rights lawsuit under a federal law allowing claims against state officials. He alleged that Christopher Roemer violated his constitutional rights during an October 2018 search and arrest in Yonkers.
Because Murphy had permission to proceed without prepaying the filing fee, the court ordered the Clerk to issue a summons and provide the necessary papers to the U.S. Marshals Service for service on Roemer. The court extended the service deadline to 90 days after the summons is issued and told Murphy to notify the court if his address changes.
Judge Nelson S. Roman also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide whether Murphy’s constitutional claims were valid.
The detailed version
- Murphy v. Roemer · No. 7:21-cv-00554
- Nelson Roman
- Feb. 4, 2021
Background
Mark P. Murphy, proceeding without a lawyer, filed an action under 42 U.S.C. § 1983, a federal law permitting claims that state actors violated constitutional rights. The opinion states that Murphy was detained in the custody of the Westchester County Department of Correction. He alleged that Christopher Roemer violated his constitutional rights in connection with Murphy’s October 2018 search and arrest in the City of Yonkers.
The court had previously granted Murphy permission to proceed without prepaying court fees. In such cases, federal law permits the plaintiff to rely on the court and the U.S. Marshals Service to serve the defendant.
Service of Process
Federal Rule of Civil Procedure 4(m) generally requires service of the summons and complaint within 90 days after the complaint is filed. The court explained that Murphy could not have served the papers until the court reviewed the complaint and ordered a summons issued. The court therefore extended the service period to 90 days after the summons is issued. It stated that, if service is not completed within that period, Murphy should request an extension of time.
The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for Christopher Roemer, issue a summons, and deliver the documents needed for the Marshals Service to serve Roemer. The Clerk was also directed to mail Murphy a copy of the order and an information package. Murphy was told to notify the court in writing if his address changes; the court stated that failure to do so could result in dismissal of the action.
Disposition
The court entered an order directing service through the U.S. Marshals Service. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Nelson S. Roman did not decide the merits of Murphy’s constitutional claims in this order.
Effect of the Order
The case was to proceed to service of the complaint on Christopher Roemer. The opinion does not state whether Roemer had been served, whether he had responded, or whether Murphy’s allegations would ultimately succeed.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.