Azor El v. Salov
- Freeman
- 1:20-cv-10857
- U.S. District Court · Southern District of New York
- 3
In Azor El v. Salov, Judge Freeman ordered U.S. Marshals service for two defendants after granting plaintiff permission to proceed without paying fees.
Jean Azor El, Sergeant Darwin Marrero, Police Officer Richard DiDonato, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Azor El v. Salov, the court addressed how plaintiff Jean Azor El could serve defendants after being allowed to proceed without paying court fees.
The court instructed the Clerk of Court to prepare service forms, issue a summons, and provide the necessary paperwork to the U.S. Marshals Service for serving Sergeant Darwin Marrero and Police Officer Richard DiDonato.
Judge Debra Freeman also warned that plaintiff must promptly report any address change and that failing to do so could lead to dismissal for failure to prosecute. The order did not decide the underlying claims.
The detailed version
- Azor El v. Salov · No. 1:20-cv-10857
- Freeman
- Apr. 19, 2021
Background
Jean Azor El was permitted to proceed without paying court fees. The order explains that a plaintiff proceeding this way may rely on the court and the U.S. Marshals Service to serve the defendants. Federal Rule of Civil Procedure 4 generally requires service within 90 days after the summons issues, although a Marshals Service failure to serve may constitute good cause for extending that period when the plaintiff has provided enough information to identify the defendant.
Order
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Sergeant Darwin Marrero and Police Officer Richard DiDonato. The Clerk was also directed to issue a summons and deliver all paperwork needed for the Marshals Service to serve those defendants.
The court directed that a copy of the order be mailed to Jean Azor El at the address listed on the docket. Plaintiff was cautioned to notify the court promptly in writing if the address changes; otherwise, the case may be dismissed for failure to prosecute.
Disposition and Effect
The order concerns service of process and does not decide the merits of plaintiff's claims. Judge Debra Freeman entered the order on April 19, 2021.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.