Genao v. City of New York
- Sarah Cave
- 1:20-cv-06507
- U.S. District Court · Southern District of New York
- 2
In Genao v. City of New York, Judge Cave ordered the Marshals Service to serve Dr. Ho after Genao was allowed to proceed without prepaying fees.
Gabino Genao and Dr. Hung-Yi Ho were directly affected: the court arranged for the Marshals Service to serve Ho on Genao's behalf. The Clerk of Court and Marshals Service were directed to take specific service-related actions.
What happened
In Genao v. City of New York, pro se plaintiff Gabino Genao had already received permission to proceed without prepaying court fees. That permission allowed him to rely on the court and the U.S. Marshals Service to serve the defendants.
The court directed the Clerk of Court to complete the service paperwork, issue a summons, and provide the necessary documents to the Marshals Service so it could serve Dr. Hung-Yi Ho. The court also told Genao to request more time if service was not completed within 90 days after the summons was issued.
Judge Sarah L. Cave ordered the Clerk to send the documents to the Marshals Service and mail Genao a copy of the order. The order addressed service of process and did not decide the underlying claims.
The detailed version
- Genao v. City of New York · No. 1:20-cv-06507
- Sarah Cave
- Aug. 15, 2022
Background
Gabino Genao, who was representing himself, had been granted permission to proceed without prepaying court fees. In such cases, federal law and court rules require the court to direct the U.S. Marshals Service to serve process—the summons and complaint—when necessary.
The order concerned service on Defendant Dr. Hung-Yi Ho. The opinion does not decide the substance of Genao's claims against Ho or the other defendants.
Order
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Dr. Ho, issue a summons, and provide the Marshals Service with the documents needed to complete service. The order identified Dr. Ho's service address as the Risk Management Department at King County Hospital in Brooklyn, New York.
The court stated that if the complaint was not served within 90 days after the summons was issued, Genao should request an extension of time. It also directed the Clerk to mail Genao a copy of the order.
Disposition
Judge Sarah L. Cave entered an order directing the Clerk and the Marshals Service to take steps to serve Dr. Ho. This was a procedural service order, not a ruling on the merits of the lawsuit.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.