Taylor v. Small
- Nelson Roman
- 7:22-cv-02762
- U.S. District Court · Southern District of New York
- 4
In Taylor v. Small, Judge Roman ordered service of Taylor’s complaint through the U.S. Marshals Service after allowing her to proceed without prepaying fees.
Taliyah Taylor and the eight named defendants are affected by the service order; the Clerk of Court and U.S. Marshals Service are directed to carry it out.
What happened
Taliyah Taylor filed Taylor v. Small under a federal civil-rights law, alleging that the defendants denied her medical treatment. She is incarcerated and is representing herself. The court had previously allowed her to proceed without prepaying filing fees.
The court directed the Clerk of Court to prepare service forms and summonses for the defendants and send the necessary papers to the U.S. Marshals Service. The defendants include Dr. Michelle Small, Dr. Patrick Prepetit, Dr. John A. McGurty, Dr. Laura Mieszerski, Superintendent Eileen Russell, Deputy Superintendent of Health McCarthy, Commissioner Thomas J. Loughren, and Deputy Commissioner John Morley.
The court extended Taylor’s service deadline to 90 days after the summonses are issued and said she should request more time if service is not completed by then. The order also requires her to notify the court of any address change. Judge Nelson S. Roman issued this order of service; it did not decide whether Taylor’s medical-treatment allegations are valid.
The detailed version
- Taylor v. Small · No. 7:22-cv-02762
- Nelson Roman
- Apr. 21, 2022
Background
Taliyah Taylor, who is incarcerated at Bedford Hills Correctional Facility and is proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. She alleges that the defendants denied her medical treatment. The court had previously granted her permission to proceed without prepaying filing fees.
Service of the Complaint
Because Taylor was allowed to proceed without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the usual 90-day service period to 90 days after the summonses are issued, because Taylor could not serve the summonses and complaint before the court reviewed the complaint and ordered that summonses be issued. The court stated that Taylor should request an extension of time if service is not completed within that period.
The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the necessary papers to the Marshals Service. The defendants identified for service are Dr. Michelle Small, Dr. Patrick Prepetit, Dr. John A. McGurty, Dr. Laura Mieszerski, Superintendent Eileen Russell, Deputy Superintendent of Health McCarthy, Commissioner Thomas J. Loughren, and Deputy Commissioner/Chief Medical Officer John Morley. The Clerk was also directed to mail Taylor a service package and a copy of the order.
Other Direction and Effect
Taylor must notify the court in writing if her address changes. The court stated that it may dismiss the action if she fails to do so. This order directs service and does not resolve the merits of Taylor’s allegation that she was denied medical treatment.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.