Porath v. City of New York
- John Cronan
- 1:22-cv-01302
- U.S. District Court · Southern District of New York
- 4
In Porath v. City of New York, Magistrate Judge Cave directed Marshals to serve the amended complaint and extended the service deadline.
David K. Porath, the City of New York, Parole Officer Akaneme, the Director of the Bellevue Men’s Shelter, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Porath v. City of New York, pro se plaintiff David K. Porath alleged under Section 1983 that the defendants violated his constitutional rights. He had permission to proceed without paying filing fees upfront and filed an amended complaint before the defendants were served.
The court extended the service deadline until 90 days after summonses are issued. It directed the Clerk of Court to prepare the required forms, issue summonses, and give the U.S. Marshals Service the amended complaint and other documents needed to serve New York City, Parole Officer Akaneme, and the Director of the Bellevue Men’s Shelter. Porath must also notify the court in writing if his address changes.
Magistrate Judge Sarah L. Cave ordered the Clerk to carry out those service steps. The order addressed service only and did not decide whether Porath’s constitutional claims are valid.
The detailed version
- Porath v. City of New York · No. 1:22-cv-01302
- John Cronan
- May 20, 2022
Background
David K. Porath, representing himself, brought an action under 42 U.S.C. § 1983 alleging that the City of New York, the Director of the Bellevue Men’s Shelter, and New York State Parole Officer Akaneme violated his constitutional rights. Judge John P. Cronan had previously allowed Porath to proceed without paying filing fees upfront and had ordered steps toward service of the original complaint. Before service occurred, Porath filed an amended complaint.
Service ruling
Because Porath was allowed to proceed without paying fees upfront, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The usual rule generally requires service within 90 days after a complaint is filed, but the court concluded that Porath could not serve the summonses and amended complaint until the court reviewed the amended complaint and ordered summonses issued.
The court therefore extended the service period until 90 days after the summonses are issued. It instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the amended complaint and all necessary service documents to the Marshals Service. The order identified the defendants for service as New York City, New York State Parole Officer Akaneme, and the Director of the Bellevue Men’s Shelter.
Additional requirement and disposition
Porath must notify the court in writing if his address changes. The order states that the court may dismiss the action if he fails to do so. Magistrate Judge Sarah L. Cave ordered the Clerk to issue the summonses, prepare the service forms, provide the documents to the Marshals Service, and mail Porath copies of the amended complaint and the order. The opinion did not decide the merits of Porath’s constitutional claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.