Anduze v. City of New York
- Paul Gardephe
- 1:21-cv-00519
- U.S. District Court · Southern District of New York
- 5
In Anduze v. City of New York, Judge Gardephe ordered service of the lawsuit and requested service waivers from other defendants.
Johmanni Anduze, Larry Blackmore, and the City of New York, Department of Correction officials and employees, correctional officers, and Doctor Gemo listed in the order.
What happened
In Anduze v. City of New York, Johmanni Anduze, who was detained at the George R. Vierno Center on Rikers Island, brought a lawsuit claiming that defendants violated his constitutional rights. He was proceeding without a lawyer and had permission to proceed without paying the filing fee upfront.
The court extended the service deadline to 90 days after issuing the summons. It directed the Clerk of Court and U.S. Marshals Service to serve Larry Blackmore, a physician assistant, and requested that the City of New York and the listed Department of Correction and correctional-health defendants waive service.
Judge Paul G. Gardephe ordered the Clerk to issue the summons, prepare service paperwork, notify the relevant city offices, and mail Anduze information about the order. The court did not decide whether Anduze’s constitutional claims were valid.
The detailed version
- Anduze v. City of New York · No. 1:21-cv-00519
- Paul Gardephe
- Apr. 6, 2021
Background
Johmanni Anduze brought this action under 42 U.S.C. § 1983, a law allowing claims for constitutional violations by people acting under state law. The opinion states that Anduze was detained at the George R. Vierno Center on Rikers Island and was representing himself. The court had previously allowed him to proceed without paying the filing fee upfront.
Service on Larry Blackmore
Because Anduze was proceeding without paying the filing fee upfront, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court extended the usual 90-day service period so that it would run from the date the summons was issued, rather than from the date the complaint was filed.
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Larry Blackmore, a physician assistant, issue a summons, and give the Marshals Service the documents needed to serve him. The court stated that if Blackmore was not served within 90 days after the summons was issued, and Anduze did not request more time within that period, the action could be dismissed under Rules 4 and 41 of the Federal Rules of Civil Procedure. The court also instructed Anduze to promptly notify the court of any address change.
Requested waivers for other defendants
The court directed the Clerk to notify the New York City Department of Correction and the New York City Law Department of the order. It requested that the City of New York, various Department of Correction officials and officers, and Doctor Gemo waive service of the summons. The opinion lists those individuals by name and, for many, by shield number.
Disposition
Judge Paul G. Gardephe issued an order directing the Clerk to mail Anduze a copy of the order and an information package, prepare the service materials for Blackmore, deliver those materials to the U.S. Marshals Service, and notify the relevant city offices. The order addressed service and court procedures; it did not decide the merits of Anduze’s constitutional claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.