Gunn v. "Bill"
- Philip Halpern
- 7:20-cv-01787
- U.S. District Court · Southern District of New York
- 4
In Gunn v. “Bill,” Judge Halpern ordered Marshals to serve Collins and extended the service deadline because Gunn proceeds without paying filing fees.
Darrell Gunn and Defendant Nurse Donna Collins; the order directs the Clerk of Court and the U.S. Marshals Service to complete service on Collins.
What happened
Gunn v. “Bill” concerns Darrell Gunn’s effort to serve Defendant Nurse Donna Collins. Gunn is incarcerated, is representing himself, and has permission to proceed without paying filing fees. The New York State Attorney General’s Office told the court that Collins apparently had not been served and provided an address for her.
The court explained that people allowed to proceed without paying filing fees may rely on the court and the U.S. Marshals Service to serve defendants. Because Gunn could not serve the summons and amended complaint until the court reviewed the amended complaint and issued the summons, the court extended the service deadline to 90 days after the summons is issued.
Judge Philip M. Halpern ordered the Clerk of Court to issue the summons, complete the service form with Collins’s address, and give the necessary papers to the U.S. Marshals Service. The court also directed that a copy of the order be mailed to Gunn and warned that he must report any address change.
The detailed version
- Gunn v. "Bill" · No. 7:20-cv-01787
- Philip Halpern
- Mar. 5, 2021
Background
Darrell Gunn, who is incarcerated at Sing Sing Correctional Facility, brought this action representing himself and was permitted to proceed without paying filing fees. The New York State Attorney General’s Office notified the court that it appeared Defendant Nurse Donna Collins had not been served. After the court directed the Attorney General’s Office to investigate, it provided an address where Collins could be served.
Ruling
The court directed the U.S. Marshals Service to serve Collins. It relied on the rule that a plaintiff permitted to proceed without paying filing fees may rely on the court and the Marshals Service to carry out service. The court also extended the time for service until 90 days after the summons is issued because Gunn could not serve the summons and amended complaint before the court reviewed the amended complaint and ordered the summons issued.
Clerk’s instructions and other requirements
The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for Collins, issue the summons, and deliver the summons and other necessary documents to the Marshals Service. The court stated that if service is not completed within the extended period, Gunn should request another extension. Gunn was also required to notify the court in writing of any address change, and the court warned that the action could be dismissed if he failed to do so.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.