Fusco v. Cuomo
- Kenneth Karas
- 7:21-cv-01908
- U.S. District Court · Southern District of New York
- 4
In Fusco v. Cuomo, Judge Karas ordered the U.S. Marshals Service to serve Cuomo and extended the service deadline.
Christopher L. Fusco, Andrew M. Cuomo, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Fusco v. Cuomo, Christopher L. Fusco, who was representing himself, sued Andrew M. Cuomo under a federal civil-rights law. Fusco sought money, declarations, and court orders, but this opinion did not decide whether those claims were valid.
Because Fusco had permission to proceed without paying fees in advance, the court directed the Clerk of Court and the U.S. Marshals Service to handle service of the summons and complaint. The court extended the service period to 90 days after the summons was issued and explained that Fusco could request more time if service was not completed.
Judge Kenneth M. Karas also directed Fusco to notify the court of any address change and ordered the Clerk to mail him this order and an information package. The order addressed service procedures only and did not resolve the lawsuit’s underlying claims.
The detailed version
- Fusco v. Cuomo · No. 7:21-cv-01908
- Kenneth Karas
- June 7, 2021
Background
Christopher L. Fusco, a federal pretrial detainee held at the Westchester County Jail, filed this self-represented action under 42 U.S.C. § 1983. He sued Andrew M. Cuomo and requested damages, declaratory relief, and injunctive relief. The court had previously granted Fusco permission to proceed without prepaying filing fees.
Service of the Complaint
Because Fusco was proceeding without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court extended the time for service until 90 days after a summons was issued for Cuomo. It stated that Fusco should request an extension if service was not completed within that period.
The court instructed the Clerk of Court to issue the summons, complete a U.S. Marshals Service Process Receipt and Return form with Cuomo’s service address, and provide the Marshals Service with the documents needed to serve the summons and complaint. The court also directed the Clerk to mail Fusco a copy of the order and an information package.
Other Direction and Disposition
Fusco was required to notify the court in writing if his address changed, and the court stated that the action could be dismissed if he failed to do so. Judge Kenneth M. Karas’s order directed service and related administrative steps; it did not decide the merits of Fusco’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.