Best v. Merchant

Background

Hilary A. Best, who is representing himself, was allowed to proceed without paying court fees. In an earlier version of his complaint, he named several unidentified defendants. The court had directed New York City's Corporation Counsel to identify those defendants if possible. Corporation Counsel identified former Correction Officers David Hayes and Steven Acosta and later provided addresses where they could be served. Best named Hayes and Acosta in his fourth amended complaint.

Court’s action

The court ordered the Clerk of Court to prepare a U.S. Marshals Service process form for each defendant, issue summonses, and send the necessary documents to the Marshals Service so it could serve the fourth amended complaint on Hayes and Acosta. Because Best was proceeding without paying court fees, the court stated that he could rely on the court and the Marshals Service to complete service.

Deadline and warning

The court extended the service deadline until 90 days after the summonses are issued. It stated that Best should request an extension if the complaint is not served within that period. The court also required Best to notify it in writing if his address changes and stated that the case could be dismissed if he fails to do so. Judge Gregory H. Woods entered the order on June 8, 2023.