Carter v. Jenkins
- Laura Swain
- 1:22-cv-10326
- U.S. District Court · Southern District of New York
- 2
In Carter v. Jenkins, Judge Swain granted amendment leave, denied summons issuance without prejudice, and set a 60-day filing deadline.
Darryl C. Carter must file an amended complaint within 60 days if he wants to amend his pleading; no defendant is required to respond or be served at this stage.
What happened
Darryl C. Carter, who is representing himself, sued Gary Jenkins and other defendants under a federal civil-rights law. He alleges that the defendants denied him benefits and placed him in inadequate housing.
Carter asked to amend his complaint and asked the court to issue summonses for service by the U.S. Marshals Service. The court granted permission to amend but denied the summons request without prejudice, allowing him to renew it after filing the amended complaint.
Judge Laura Taylor Swain gave Carter 60 days to file an amended complaint. No summons will issue now; if Carter does not amend within that time, the original complaint will remain the operative pleading. The court also denied permission to proceed without prepaying fees for any appeal.
The detailed version
- Carter v. Jenkins · No. 1:22-cv-10326
- Laura Swain
- Dec. 23, 2022
Background
Darryl C. Carter, appearing pro se, meaning without a lawyer, brought this action under 42 U.S.C. § 1983. He alleges that Gary Jenkins and other defendants violated his rights by denying him benefits and placing him in inadequate housing. The court had previously granted Carter permission to proceed without prepaying filing fees.
Motions
Carter filed a motion to amend his complaint and a motion asking the court to issue summonses for service by the U.S. Marshals Service. The court granted the motion to amend. It denied the motion for issuance of summons without prejudice to renewal after Carter files his amended complaint.
Order and Effect
The court granted Carter leave to file an amended complaint. He must submit it to the court’s Pro Se Intake Unit within 60 days of the order, title it “Amended Complaint,” and include docket number 22-CV-10326 (LTS). No summons will issue at this time. If Carter does not file an amended complaint within 60 days, the original complaint will remain the operative pleading.
The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order does not decide whether Carter’s underlying allegations are legally valid.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.