Louis v. Morley
- Nelson Roman
- 7:22-cv-10094
- U.S. District Court · Southern District of New York
- 3
In Louis v. Morley, Judge Roman ordered U.S. Marshals service on Dr. Morley in Kevin Louis’s prison medical-needs lawsuit.
Kevin Louis, Dr. John Morley, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Louis v. Morley, Kevin Louis, who is incarcerated at Woodbourne Correctional Facility, filed a lawsuit without a lawyer under a federal civil-rights law. He alleges that medical staff at Woodbourne and Sing Sing Correctional Facility were deliberately indifferent to his medical needs. The court had already allowed him to proceed without paying filing fees in advance.
The court directed the Clerk of Court to issue a summons and prepare the paperwork needed for the U.S. Marshals Service to serve Dr. John Morley. The court used a service address provided after an earlier order seeking the defendant’s address.
The court extended the service period to 90 days after the summons is issued and said Louis should request more time if service is not completed by then. Judge Nelson S. Roman also ordered Louis to notify the court in writing if his address changes and warned that the case could be dismissed if he does not do so.
The detailed version
- Louis v. Morley · No. 7:22-cv-10094
- Nelson Roman
- June 12, 2023
Background
Kevin Louis, who is incarcerated at Woodbourne Correctional Facility, brings this action without a lawyer under 42 U.S.C. § 1983. He alleges that medical staff at Woodbourne and Sing Sing Correctional Facility were deliberately indifferent to his medical needs. The court had previously granted Louis permission to proceed without prepaying filing fees.
The court stated that an address for Dr. John Morley had been provided under an earlier order directing that address information be obtained. This order concerns service of the lawsuit; it does not decide whether Louis’s allegations are legally or factually valid.
Order Regarding Service
Because Louis was allowed to proceed without prepaying filing fees, the court directed the court and the U.S. Marshals Service to handle service. The Clerk of Court was instructed to complete a U.S. Marshals Service process receipt and return form, issue a summons, and deliver the necessary paperwork to the Marshals Service so it could serve Dr. Morley.
The court extended the time for service to 90 days after the summons is issued. If the complaint is not served within that period, Louis should request an extension of time. The court also required Louis to notify it in writing if his address changes and stated that the case may be dismissed if he fails to do so.
Disposition and Effect
The court entered a second supplemental order of service directing service on Dr. John Morley. The opinion does not rule on the merits of Louis’s deliberate-indifference allegations or state a final disposition of those claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.