Cheng v. Garland

Background

Sheng-Wen Cheng, who was incarcerated at the Federal Correctional Institution Sandstone in Sandstone, Minnesota, filed this action without a lawyer seeking a writ of mandamus. The court had granted Cheng permission to proceed without prepaying fees in an order entered at the same time as this order. The opinion notes that incarcerated people must still pay the full filing fee under the applicable statute, even when granted that permission.

Service of Process

Because Cheng was permitted to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve Merrick Garland. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for Garland, mark the box for service on the United States, issue a summons, and deliver the necessary paperwork to the Marshals Service.

The court explained that the usual 90-day service period could not begin before the court reviewed the complaint and issued the summons. It therefore stated that service was due within 90 days after the summonses were issued. If service was not completed by then, Cheng was directed to request an extension of time. Cheng was also required to notify the court in writing of any address change, and the court stated that it could dismiss the action if he failed to do so.

Disposition

Judge Vernon S. Broderick ordered the Clerk of Court to issue the summons, complete the service form with Garland’s addresses, mark the form for service on the United States, and send the documents to the U.S. Marshals Service. The Clerk was also directed to mail Cheng an information package. This order addressed permission to proceed without prepaying fees and service arrangements; it did not decide the underlying mandamus request.