Stephen v. Hall

Background

Daryl Stephen, who was proceeding without a lawyer, had been granted permission to proceed without prepaying filing fees. The order addressed how the defendants would receive formal notice of the lawsuit, rather than deciding the merits of Stephen's claims.

Service of process

Because Stephen was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summonses and complaint. The court extended the general 90-day service period to 90 days after the summonses were issued. It stated that, if service was not completed within that period, Stephen should request an extension of time.

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Terry Hall and David Jakab, doing business as David Jakab Bail Bonds. The Clerk was also directed to issue summonses and deliver the documents needed for the Marshals Service to serve those defendants. The order lists service addresses for both defendants at 83 Baxter Street, New York, New York 10013.

Stephen was required to notify the court in writing if his address changed. The court stated that it could dismiss the action if he failed to provide that notice.

Disposition

The court ordered the Clerk to issue the summonses, complete the service forms, and deliver the necessary documents to the Marshals Service. It also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not resolve the underlying claims or state whether service was ultimately completed.