Patterson v. Patterson

Background

Shawn J. Patterson, appearing without a lawyer, brought this action under 42 U.S.C. § 1983, alleging that the defendants violated his federal constitutional rights. The court had previously allowed him to proceed without prepaying filing fees.

Patterson later informed the court that he had learned the full and correct name of a defendant previously identified as “Gene d/b/a Chief of Police of the Hudson Valley Humane Society Law Enforcement Dept.” The court amended the complaint to identify that defendant as Gene Heck and received Heck’s service address. Defense counsel advised that it did not represent Heck and could not accept service for him.

Service Order

Because Patterson was allowed to proceed without prepaying fees, the court held that he could rely on the court and the U.S. Marshals Service to serve Heck. The Clerk of Court was instructed to complete the U.S. Marshals Service Process Receipt and Return form, issue summonses, and provide the Marshals Service with the documents needed to serve Heck.

The court extended the deadline for service until 90 days after the summonses are issued. It stated that Patterson should request an extension if service is not completed within that period. Patterson was also required to notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.

Disposition

The court ordered the Clerk to complete the service form with Heck’s address and deliver the necessary documents to the U.S. Marshals Service. Separately, the court certified that any appeal from this order would not be taken in good faith and denied Patterson permission to appeal without prepaying fees. The order addressed service and appeal-fee status; it did not decide whether Patterson’s constitutional claims were valid.