Casiano v. Smalls

Background

Anthony Casiano filed this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims alleging violations of constitutional rights. The opinion states that Casiano was incarcerated at Auburn Correctional Facility and had been granted permission to proceed without paying court fees in advance. Casiano filed a Third Amended Complaint on January 7, 2021, naming Nicolas Frantz as a defendant.

The City of New York provided the court and Casiano with information needed to serve Frantz. The court explained that a plaintiff proceeding without paying fees in advance may rely on the court and the U.S. Marshals Service to issue and serve process. “Process” means the summons and other papers formally notifying a defendant about the lawsuit.

Ruling

The court extended the time for service under Federal Rule of Civil Procedure 4(m) until 90 days after the summons is issued. It explained that Casiano could not have served the summons and complaint before the court reviewed the complaint and ordered that a summons be issued. The court stated that Casiano should request an extension if service is not completed within that period.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for Nicolas Frantz, issue a summons, and deliver the necessary paperwork to the Marshals Service. The Clerk was also directed to mail Casiano a copy of the order and amend the official caption by changing Frantz’s first name from “Nicholas” to “Nicolas.”

Effect of the Order

This order addressed service of the lawsuit and did not decide the underlying claims. The opinion also states that Casiano must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.