Gibson v. St. Elizabeth Medical Center Hospital Executive Director

Background

David Gibson filed the action without a lawyer. The opinion states that the filing fees had been paid, but also states that an earlier order granted Gibson permission to proceed without paying fees in advance. The opinion does not describe the claims.

Service of Process

Because Gibson had permission to proceed without paying fees in advance, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that the usual 90-day service period could not begin before the court reviewed the complaint and ordered summonses issued. It therefore extended the service period until 90 days after the summonses were issued.

The court directed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the necessary papers to the Marshals Service for service on Dr. Gaetan Zamilus and Dr. Janice Wolfriedman. If service is not completed within 90 days after the summonses are issued, Gibson should ask for an extension. The court also directed the Clerk to mail Gibson an information package.

Other Direction and Disposition

The court warned that Gibson must notify it in writing if his address changes and that the action may be dismissed if he does not do so. Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. Judge Kenneth M. Karas signed the order on April 25, 2023.