Graham v. Bright
- Cathy Seibel
- 7:23-cv-01143
- U.S. District Court · Southern District of New York
- 3
In Graham v. Bright, Judge Seibel ordered U.S. Marshals service for Darryl L. Graham after allowing him to proceed without prepaying fees.
Darryl L. Graham and Robin S. Bright; the Clerk of Court and U.S. Marshals Service were also directed to take service-related steps.
What happened
Darryl L. Graham, who is representing himself, sued Robin S. Bright under federal diversity jurisdiction. The court had already allowed Graham to proceed without prepaying filing fees.
Because Graham was allowed to proceed without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve Bright with the lawsuit. The court instructed the Clerk of Court to prepare the required service form, issue a summons, and give the necessary papers to the Marshals Service.
In Graham v. Bright, Judge Cathy Seibel ordered these service steps and extended the service deadline to 90 days after the summons is issued. Graham must ask for more time if service is not completed by then and must notify the court in writing if his address changes.
The detailed version
- Graham v. Bright · No. 7:23-cv-01143
- Cathy Seibel
- Mar. 21, 2023
Background
Darryl L. Graham, appearing without a lawyer, brought this action against Robin S. Bright under the court's diversity jurisdiction, citing 28 U.S.C. § 1332. The court had previously granted Graham permission to proceed without prepaying filing fees. The opinion does not describe the underlying claims or dispute.
Service of process
Because Graham 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 Bright. The court cited federal law and the Federal Rules of Civil Procedure requiring the court to order Marshals Service assistance in these circumstances.
The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form, known as a USM-285 form, using Bright's service address. The Clerk was also instructed to issue a summons and deliver the paperwork needed for the Marshals Service to serve Bright.
Deadlines and other instructions
The court stated that the usual 90-day service period is extended for Graham. The 90-day period runs from the date the summons is issued. If the complaint is not served within that period, Graham should request an extension of time. He must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.
Disposition
Judge Cathy Seibel ordered the Clerk of Court to complete the USM-285 form and deliver the necessary documents to the U.S. Marshals Service. The opinion is an order concerning service of process and does not decide the merits of Graham's claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.