Hicks v. Encarnacion

Background

Darnell R. Hicks brought this action under 42 U.S.C. § 1983, a federal law allowing claims that government officials violated constitutional or federal rights. He sued Juan Encarnacion, Badge # 188, and three defendants identified as John Doe. Hicks was proceeding without a lawyer. The court had previously granted him permission to proceed without prepaying filing fees.

Service on Encarnacion

Because Hicks had permission to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons for Encarnacion, and deliver the necessary paperwork to the Marshals Service.

The court stated that service must be completed within 90 days after the summons is issued. If service is not completed within that period, Hicks should request more time. The court also required Hicks to notify the court in writing if his address changes and stated that the action could be dismissed if he fails to do so.

John Doe defendants

The court declined at that time to issue an order seeking the identities of the John Doe defendants. It explained that Hicks had not made allegations against them and had not provided enough information for their attorney or agent to identify them.

Appeal and disposition

The Clerk was directed to issue the summons for Encarnacion, complete the service forms with Encarnacion’s address, and send the necessary documents to the Marshals Service. The Clerk was also directed to mail Hicks an information package. The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order addressed service and related procedural matters; it did not decide the merits of Hicks’s underlying claims.