Williams v. Fryermuth
- Philip Halpern
- 7:23-cv-02156
- U.S. District Court · Southern District of New York
- 3
In Williams v. Fryermuth, Judge Halpern ordered the U.S. Marshals Service to serve the defendant; the court did not decide the claims.
Ezzial Williams must complete the required service-related steps, request an extension if service is not completed within 90 days after the summons is issued, and notify the court of any address change. David Fryermuth is the defendant to be served. The clerk and U.S. Marshals Service must carry out the court-ordered service process.
What happened
In Williams v. Fryermuth, Ezzial Williams, representing himself, brought a civil-rights case under a federal law allowing suits against state officials for constitutional violations. He alleges violations of the Ninth and Fourteenth Amendments.
The court directed the clerk to issue a summons, complete the service forms, and provide the necessary papers to the U.S. Marshals Service. The Orange County Department of Law said it would represent David Fryermuth and accept service for him.
Judge Philip M. Halpern ordered these service steps but did not decide whether Williams’s claims have merit. Williams must request more time if service is not completed within 90 days after the summons is issued and must notify the court if his address changes.
The detailed version
- Williams v. Fryermuth · No. 7:23-cv-02156
- Philip Halpern
- June 12, 2023
Background
Ezzial Williams, who is representing himself and proceeding without paying the filing fee, brought an action under 42 U.S.C. § 1983. He alleges that David Fryermuth violated rights protected by the Ninth and Fourteenth Amendments. The opinion states that Williams is incarcerated at Orange County Jail.
Service of Process
The court had previously directed the Orange County Attorney to find a service address for Fryermuth. The Orange County Department of Law responded that it would represent Fryermuth and accept service on his behalf. To permit service, the court instructed the clerk to complete the U.S. Marshals Service Process Receipt and Return forms, issue a summons, and provide the Marshals Service with the papers needed to serve Fryermuth.
Order
The court ordered the clerk to carry out those service-related steps and to mail the Order of Service and complaint to the Orange County Department of Law, along with an information package to Williams. The order states that Williams should request an extension if the complaint is not served within 90 days after the summons is issued. It also requires Williams to notify the court in writing if his address changes and states that the court may dismiss the action if he fails to do so. Judge Philip M. Halpern did not rule on the merits of Williams’s constitutional claims.
Name discrepancy
The caption identifies the defendant as “David Fryermuth.” The conclusion and service-address section use “David Freyermuth” in places. This summary follows the caption’s spelling.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.