Allah v. Yildiz

Background

Kha'Sun Creator Allah, who is representing himself, brought this action under 42 U.S.C. § 1983, a federal civil-rights law. He alleges that Defendants Osman Yildiz, Dr. Mahmud, and Carla Steinbogher failed to protect him after he made suicidal threats while incarcerated at Sullivan Correctional Facility.

The United States District Court for the Northern District of New York had allowed Allah to proceed without prepaying court fees. Because he was proceeding without paying fees upfront, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. Service is the formal delivery of the summons and complaint notifying defendants of the lawsuit.

Service ruling

Judge Kenneth M. Karas ordered the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each of Osman Yildiz, Dr. Mahmud, and Carla Steinbogher. The Clerk was also instructed to issue summonses and provide the Marshals Service with the paperwork needed to serve those defendants.

The court extended the time for service until 90 days after the summonses are issued. It explained that Allah could not have served the summonses and complaint before the court reviewed the complaint and ordered the summonses issued. The court stated that, if service is not completed within that period, Allah should request an extension of time.

Additional direction and effect

The Clerk was directed to mail Allah an information package. Allah must 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.

The order concerns the mechanics and timing of serving the defendants. It does not decide whether the defendants failed to protect Allah or otherwise resolve the merits of his civil-rights claims.