Levine v. Greenberg
- Lewis Liman
- 1:23-cv-01500
- U.S. District Court · Southern District of New York
- 3
In Levine v. Greenberg, Judge Liman ordered U.S. Marshals service for the pro se plaintiff and denied him fee-free status for an appeal.
Richie Foster Levine receives court-assisted service because he is proceeding without prepaying filing fees; Katherine Ann Greenberg is the defendant to be served; the clerk and U.S. Marshals Service must carry out the service instructions.
What happened
In Levine v. Greenberg, Richie Foster Levine, representing himself, sued Katherine Ann Greenberg under a federal civil-rights law, alleging that she violated his rights. The court had allowed Levine to proceed without paying filing fees in advance.
Because Levine was allowed to proceed without advance payment, the court said the U.S. Marshals Service must serve Greenberg. The court extended the service deadline to 90 days after the summons is issued and instructed Levine to ask for more time if service is not completed by then.
Judge Lewis J. Liman ordered the clerk to issue the summons, complete the service paperwork, and send the documents to the Marshals Service. He also directed the clerk to mail Levine an information package and denied fee-free status for any appeal, certifying that an appeal from this order would not be taken in good faith.
The detailed version
- Levine v. Greenberg · No. 1:23-cv-01500
- Lewis Liman
- Mar. 29, 2023
Background
Richie Foster Levine, proceeding without a lawyer, brought this action under 42 U.S.C. § 1983, alleging that Katherine Ann Greenberg violated his rights. The opinion identifies Greenberg as the Assistant Commissioner of the New York City Commission on Human Rights and names her in both her individual and official capacities. In an order dated March 29, 2023, the court granted Levine permission to proceed without prepaying filing fees.
Service of Process
Because Levine 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 Greenberg. Service of process is the formal delivery of the summons and complaint to a defendant. The court instructed the clerk to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons for Greenberg, and deliver the necessary paperwork to the Marshals Service.
The court extended the usual 90-day service period. It stated that the 90 days would run from the date the summons is issued because Levine could not serve the summons and complaint until the court reviewed the complaint and ordered the summons issued. If service is not completed within that period, Levine should request an extension. The court also stated that Levine must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.
Disposition
Judge Lewis J. Liman ordered the clerk to issue the summons, complete the service form with Greenberg’s address, and provide the documents to the Marshals Service. The clerk was also directed to mail Levine an information package. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not decide whether Levine’s underlying civil-rights allegations were valid.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.