Robinson v. Balanetre

Background

Randolph Robinson, who is incarcerated at Otisville Correctional Facility and is representing himself, filed an action under 42 U.S.C. § 1983. He alleges that Superintendent Delta Balanetre and Nurse Administrator Ronda Murray failed to protect him from contracting COVID-19. The opinion states that the court had already granted Robinson permission to proceed without paying the filing fee upfront.

Service of Process

Because Robinson was allowed to proceed without prepaying fees, the court explained that he could rely on the U.S. Marshals Service to serve the defendants. The court extended the time for service until 90 days after the summonses are issued. It stated that, if service is not completed within that period, Robinson should request an extension of time.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and provide the Marshals Service with the documents needed to serve Balanetre and Murray. The Clerk was also directed to mail Robinson a copy of the order and an information package.

Other Requirement and Disposition

Robinson must notify the court in writing if his address changes. The court stated that it may dismiss the action if he fails to do so. Judge Philip M. Halpern’s order addresses filing-fee status and service arrangements; the opinion text does not state a ruling on whether the defendants failed to protect Robinson from COVID-19.