Gibson v. St. Elizabeth Medical Center Hospital Executive Director

Background

David Gibson, who was incarcerated at Marcy Correctional Facility, brought this pro se action, meaning he was representing himself. The opinion states that the filing fees had been paid, but it also notes that an earlier order allowed Gibson to proceed in forma pauperis, meaning without prepaying fees. The opinion does not describe the substance of Gibson’s claims.

Service of the lawsuit

The court explained that a plaintiff permitted to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the documents needed for service to the Marshals Service. The defendants named in the order are Mount Vernon Montefiore Hospital Executive Director, Dr. Marie Samuels, Dr. Gaetan Zamilus, and Dr. Janice Wolfriedman.

The court stated that the usual 90-day service period would run from the date the summonses were issued because Gibson could not serve the papers before the court reviewed the complaint and ordered issuance of the summonses. If service was not completed within 90 days after issuance, Gibson was told to request an extension. The court also required Gibson to notify it in writing of any address change and stated that the action could be dismissed if he failed to do so.

Disposition

Judge Kenneth M. Karas entered an order of service. The Clerk was instructed to issue the summonses, complete the service forms with the defendants’ addresses, and provide the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Gibson an information package. This order did not decide the merits of Gibson’s claims.