Reed v. The City of New York
- Barbara Moses
- 1:20-cv-08352
- U.S. District Court · Southern District of New York
- 3
In Reed v. The City of New York, Magistrate Judge Moses extended service time and ordered the Marshals Service to serve defendant Saxon.
Calvin Reed, defendant Saxon, the Clerk of Court, and the U.S. Marshals Service. The order allowed additional time and provided updated instructions for serving Saxon; it also updated Reed’s docket address.
What happened
Calvin Reed, who is incarcerated and has no lawyer, sued the City of New York and people affiliated with the New York City Police Department, alleging constitutional and state-law violations. In Reed v. The City of New York, the court addressed service of the lawsuit on Detective Saxon.
Reed was allowed to proceed without paying filing fees, so he could rely on the court and the U.S. Marshals Service to serve defendants. Service on Saxon failed because the address in Reed’s complaint was incorrect, while other defendants were served and answered.
The court extended the time to serve Saxon and directed the Clerk to issue a summons and provide the Marshals Service with Saxon’s updated address and the necessary paperwork. Magistrate Judge Barbara Moses also directed the Clerk to update Reed’s address on the docket.
The detailed version
- Reed v. The City of New York · No. 1:20-cv-08352
- Barbara Moses
- Feb. 7, 2023
Background
Calvin Reed, who was incarcerated and proceeding without a lawyer, brought this action against the City of New York; Police Officers Dennis and Mejia; Detectives Saxon and Santana; and six unidentified defendants. He alleged violations of his constitutional rights and state law. The court had allowed Reed to proceed without prepaying filing fees, meaning he could rely on the court and the U.S. Marshals Service to serve the defendants.
Reed filed a Second Amended Complaint on October 25, 2022. The court directed the Marshals Service to serve Mejia, Santana, and Saxon. Mejia and Santana were served, and they answered. The Marshals Service attempted to serve Saxon at the address listed in the complaint, but was told that Saxon did not work there. A joint status report later provided an updated address for Saxon and an updated address for Reed.
Court’s Analysis
Federal Rule of Civil Procedure 4 generally requires service within 90 days after a complaint is filed. The court explained that, when a person is allowed to proceed without prepaying fees, the court must direct the Marshals Service to serve the papers. Because the Marshals Service could not complete service at the incorrect address, the court extended the time for service on Saxon. The court stated that if service was not completed within the extended period, Reed should request another extension.
Order
The court directed the Clerk to prepare the Marshals Service form for Saxon using the updated address, issue a summons containing that address, and give the Marshals Service the order and other paperwork needed to serve Saxon. The Clerk was also directed to update Reed’s address on the docket. This order addressed service and docket administration; it did not decide the merits of Reed’s constitutional or state-law claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.