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S.D.N.Y.Procedural orderFiled Feb. 19, 2021

Thomas v. N.Y. Department of Corrections Community Supervision

Judge
Nelson Roman
Docket
7:20-cv-09709
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Thomas v. N.Y. Department of Corrections Community Supervision, Judge Roman ordered the U.S. Marshals Service to serve five defendants after Thomas was allowed to proceed without paying fees.

Who this affects

Steven B. Thomas; defendants C.O. Simun Matesic, C.O. Barry Norfleet, Sgt. Nichols Drewes, C.O. Hurley Hopkins, and C.O. Heriberto Nieves; the Clerk of Court; and the U.S. Marshals Service.

What happened

Thomas v. N.Y. Department of Corrections Community Supervision is an order about serving five individual defendants: Simun Matesic, Barry Norfleet, Nichols Drewes, Hurley Hopkins, and Heriberto Nieves. The court had allowed Steven B. Thomas to proceed without paying court fees in advance.

The court directed the Clerk of Court to prepare service forms, issue a summons, and give the necessary papers to the U.S. Marshals Service. The order identifies service addresses for the defendants at the New York Department of Corrections and Community Supervision Office of Counsel and Sing Sing Correctional Facility.

Judge Nelson S. Roman ordered Thomas to complete service within 90 days after the summons is issued and to ask for more time if necessary. The order also requires Thomas to notify the court promptly of any address change and warns that the case may be dismissed if he does not do so.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Thomas v. N.Y. Department of Corrections Community Supervision · No. 7:20-cv-09709
Judge
Nelson Roman
Date
Feb. 19, 2021

Background

The opinion is an Order of Service in Steven B. Thomas's case against the N.Y. Department of Corrections Community Supervision and other defendants. The court had granted Thomas permission to proceed without prepaying court fees. The opinion does not describe the underlying claims.

Order

To allow service on C.O. Simun Matesic, C.O. Barry Norfleet, Sgt. Nichols Drewes, C.O. Hurley Hopkins, and C.O. Heriberto Nieves through the U.S. Marshals Service, the court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant. The Clerk was also directed to issue a summons and provide the Marshals Service with the paperwork needed to serve the defendants.

The order lists the DOCCS Office of Counsel in Albany, New York, as the service address for Matesic and Norfleet. It lists Sing Sing Correctional Facility in Ossining, New York, as the service address for Drewes, Hopkins, and Nieves.

Requirements and disposition

Thomas must complete service within 90 days after the summons is issued. The order states that Thomas is responsible for ensuring service occurs and may request an extension if needed. It also requires him to promptly notify the court in writing if his address changes and states that the court may dismiss the action if he fails to do so. Judge Nelson S. Roman directed the Clerk to mail the order to Thomas and record that mailing on the docket. The opinion does not decide the underlying claims.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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