Curry v. Kim

Background

Jerome Curry, proceeding without a lawyer, filed an action under 42 U.S.C. § 1983 alleging that Defendants Kyoung S. Kim, identified as a clinical physician, and A. Simpson, identified as a registered nurse, provided him with inadequate medical care at Green Haven Correctional Facility. The court states that Curry filed an amended complaint, which is the operative pleading. The court had granted Curry permission to proceed without prepaying court fees.

Service of process

Because Curry 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 defendants. Under the applicable federal rules and statute, the court was required to order the Marshals Service to serve process in this situation. The court also explained that the usual 90-day service period was extended: service was required within 90 days after the summonses were issued, rather than 90 days after the original complaint was filed.

Ruling

Judge Philip M. Halpern directed the Clerk of Court to issue summonses, complete U.S. Marshals Service Process Receipt and Return forms with the defendants’ addresses, and deliver the necessary documents to the Marshals Service for service on Kyoung S. Kim and A. Simpson. The court also directed the Clerk to mail Curry an information package. The order states that Curry should request an extension if service is not completed within 90 days after the summonses are issued and must notify the court in writing if his address changes. The opinion does not decide whether Curry’s inadequate-medical-care allegations are legally valid.