Palm v. Brooks

Background

Nicholas M. Palm, who was proceeding without a lawyer and without paying filing fees, brought claims under 42 U.S.C. § 1983, a federal law allowing claims for constitutional-rights violations, against Sgt. Jessica Brooks, Trooper Tyller K. Carrozzo, and Trooper Nathaneal Schack.

Palm filed the complaint on November 14, 2022. On December 19, 2022, the court directed the U.S. Marshals Service to serve the defendants and extended Palm’s service deadline under Federal Rule of Civil Procedure 4(m) to 90 days after summonses were issued. The Clerk issued summonses for all defendants that day. On April 27, 2023, because service had not yet been completed, the court extended the service deadline to June 30, 2023.

Request and Service Status

In a June 6, 2023 letter, Palm reported a new temporary mailing address and requested a 60-day extension of his service deadline. The opinion states that the docket did not show service on Brooks or Carrozzo, although the court had been informed that the Marshals Service was still trying to serve them. An executed service form for Schack was filed on June 8, 2023.

Ruling

Judge Vincent L. Briccetti ordered that Palm’s deadline under Rule 4(m) to serve Brooks and Carrozzo be extended to August 29, 2023. The order did not decide the merits of Palm’s constitutional claims.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Palm permission to proceed without paying fees for purposes of an appeal. The court directed its chambers to mail Palm a copy of the order at the address on the docket.