Tamarez v. Hochul

Background

Madelyn Tamarez, who was incarcerated at Rikers Island and representing herself, was proceeding without paying the filing fee. She sued, among others, Kathleen Hochul, identified as the Governor of New York, and the New York State Department of Corrections and Community Supervision. The court had previously directed the U.S. Marshals Service to serve those state defendants. An earlier order also dismissed Tamarez’s claims against other named defendants for failure to state a claim; this order addressed service on the state defendants.

The U.S. Marshals Service mailed the state defendants forms seeking waivers of service but received no response. It then mailed additional copies of the summons and complaint by first-class mail. The state defendants did not acknowledge receipt or appear in the case. The City defendants had waived service.

Court’s action

Rather than direct the Marshals Service to make further service attempts, the court asked the New York State Attorney General, described in the order as the attorney for and agent of New York State, to acknowledge receipt of the summons and complaint or waive service for the state defendants. The court reminded the Attorney General and the state defendants that federal and New York rules require parties to avoid unnecessary service expenses. It stated that the state defendants could be required to pay service expenses if they did not accept service by mail.

The court granted Tamarez an extension of time to serve the state defendants until July 6, 2022. The Clerk of Court was directed to send a certified-mail copy of the order and complaint to the New York State Attorney General. The order did not decide the merits of Tamarez’s claims against the state defendants.