King v. King

Background

Sharif King, who was incarcerated at Five Points Correctional Facility, brought a self-represented lawsuit against his brother, Sharod King, who was detained at the Vernon C. Bain Center. The opinion says that Sharif King asserted state-law claims and invoked the court’s diversity jurisdiction. Chief Judge Laura Taylor Swain had previously granted him permission to proceed without prepaying filing fees.

Service of the Lawsuit

Because Sharif King was proceeding without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court directed the Clerk of Court to complete a U.S. Marshals Service process form for Sharod King, issue a summons, and provide the Marshals Service with the documents needed for service.

The court stated that service must be completed within 90 days after the summons is issued. If service is not completed by then, Sharif King should request an extension of time. The court also warned that he must notify the court in writing if his address changes and that the case could be dismissed if he fails to do so.

Legal Assistance and Disposition

The court referred Sharif King to the New York Legal Assistance Group’s clinic, which may provide limited assistance to people representing themselves in civil cases. The clinic is not part of the court, and using it would not make NYLAG his attorney of record. The court also directed the Clerk to mail Sharif King an information package.

The order did not decide the merits of Sharif King’s state-law claims. Judge Lewis J. Liman ordered the Clerk to issue the summons, complete the service form with Sharod King’s address, and deliver the necessary documents to the Marshals Service.