Shine v. Anderson
- Nelson Roman
- 7:23-cv-00387
- U.S. District Court · Southern District of New York
- 3
In Shine v. Anderson, Judge Roman ordered U.S. Marshals service after allowing Shine to proceed without prepaying fees.
Larin Shine and Jamie Anderson; the Clerk of Court and the U.S. Marshals Service were directed to take steps to serve the lawsuit.
What happened
Shine v. Anderson is a lawsuit by Larin Shine, who is representing himself, against Jamie Anderson. Shine asserts claims based on diversity jurisdiction and seeks $5 million in damages.
The court had already allowed Shine to proceed without prepaying filing fees. Because of that, Shine may rely on the court and the U.S. Marshals Service to serve the complaint and a declaration on Anderson.
Judge Roman ordered the Clerk of Court to issue a summons, prepare the required service form, and give the necessary papers to the Marshals Service. Service must occur within 90 days after the summons is issued, unless Shine requests more time.
The detailed version
- Shine v. Anderson · No. 7:23-cv-00387
- Nelson Roman
- Mar. 17, 2023
Background
Larin Shine, representing himself, sued Jamie Anderson under the court’s diversity jurisdiction. Shine seeks $5 million in damages. The opinion states that Shine had previously been allowed to proceed without prepaying court fees.
Service of the Lawsuit
Because Shine 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 complaint and his declaration on Anderson. The court also extended the service deadline: the papers must be served within 90 days after the summons is issued, rather than within 90 days after the complaint was filed.
Ruling
Judge Nelson S. Roman ordered the Clerk of Court to mail Shine an information package, issue a summons for Anderson, complete a U.S. Marshals Service Process Receipt and Return form, and provide the Marshals Service with the documents needed to serve the complaint and declaration. The court stated that Shine should request an extension if service is not completed within 90 days after the summons is issued. Shine must also notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so. This order addresses service and does not decide the merits of Shine’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.