Nasiruddin v. United States

Background

Mujahid Nasiruddin, who was incarcerated at the Federal Correctional Institution in Otisville, filed this case without a lawyer under 28 U.S.C. § 1331. He alleges that prison officials used excessive force against him and denied him proper medical treatment. The order addresses service of the lawsuit and fee status; it does not resolve those underlying allegations.

Nasiruddin had paid the filing fee, but he later applied for permission to proceed without paying fees and asked the United States Marshals Service to serve the defendants. He cited his circumstances, lack of financial resources, and difficulties arranging service.

Court’s rulings

The court granted Nasiruddin’s request to proceed without paying fees. It directed the Clerk of Court to prepare service forms, reissue the summonses, and provide the necessary papers to the Marshals Service. The Marshals Service was directed to serve the listed federal defendants in person at the Federal Correctional Institution in Otisville. The court also extended the time for service until 90 days after the summonses are reissued.

The order states that, if Nasiruddin does not complete service or request an extension within that period, the court may dismiss the claims under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. It also requires him to notify the court in writing if his address changes.

Finally, the court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order does not decide the excessive-force or medical-treatment claims.