Bettis v. Metropolitan Correction Center
- Katharine Parker
- 1:21-cv-07496
- U.S. District Court · Southern District of New York
- 2
In Bettis v. Metropolitan Correctional Center, Judge Parker ordered Bettis to replace Jane Doe with Michelle Lerner-Cannata and arranged service.
Zubearu Bettis and Michelle Lerner-Cannata; the Clerk of Court and U.S. Marshals Service were directed to take service-related steps.
What happened
In Bettis v. Metropolitan Correctional Center, the U.S. Attorney’s Office identified the complaint’s Jane Doe defendant as Michelle Lerner-Cannata, a contractor physician assistant at the relevant time.
The court ordered Bettis to file an amended complaint naming Lerner-Cannata by April 15, 2022. Because Bettis had permission to proceed without paying filing fees, the court directed the Clerk and U.S. Marshals Service to prepare and serve the summons and other required papers.
Judge Katharine H. Parker also requested that service occur after the amended complaint was filed and directed that copies of the order be mailed to Bettis and the U.S. Attorney’s Office.
The detailed version
- Bettis v. Metropolitan Correction Center · No. 1:21-cv-07496
- Katharine Parker
- Mar. 15, 2022
Background
Zubearu Bettis sued the Metropolitan Correctional Center and other defendants, including a Jane Doe physician assistant. The U.S. Attorney’s Office notified the court that it had identified Jane Doe as Michelle Lerner-Cannata, who was a contractor physician assistant when the events described in the complaint occurred.
Order
The court ordered Bettis to file an amended complaint substituting Michelle Lerner-Cannata’s name for Jane Doe’s name by April 15, 2022.
The court noted that Bettis had been granted permission to proceed without paying filing fees. Under that status, the court said Bettis could rely on the court and the U.S. Marshals Service to complete service. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for Lerner-Cannata, issue a summons, and provide the Marshals Service with the paperwork needed for service.
Service Deadline
The court stated that Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after the complaint is filed. It requested that service on Lerner-Cannata be completed after receipt of the amended complaint due by April 15, 2022. The Clerk was also requested to mail the order to Bettis and the United States Attorney’s Office.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.