Cheng v. Department of Justice

Background

Sheng-Wen Cheng, who is incarcerated at the Federal Medical Center in Rochester, Minnesota, brought this self-represented civil action against the United States Department of Justice and the Federal Bureau of Prisons. The complaint asserts claims under the Freedom of Information Act, a federal law governing access to government records, and the Administrative Procedure Act. An earlier order allowed Cheng to proceed without prepaying filing fees. The opinion notes that prisoners who receive this permission still must pay the full filing fee under the applicable statute.

Service of the Defendants

The court explained that a person allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendants. The court also extended the service period so that Cheng’s deadline would be 90 days after summonses were issued, rather than 90 days after the complaint was filed.

The Clerk of Court was directed to issue summonses for the Department of Justice and the Federal Bureau of Prisons, complete the U.S. Marshals Service Process Receipt and Return forms, mark the forms for service on the United States, and deliver the necessary papers to the Marshals Service. The court stated that Cheng should request an extension if the complaint was not served within 90 days after the summonses were issued. The court also required Cheng to notify it in writing of any address change and warned that the action could be dismissed if he failed to do so.

Legal Clinic Information

The court informed Cheng that he could consult the New York Legal Assistance Group’s clinic for people representing themselves in civil cases in the Southern District of New York. The court emphasized that the clinic is a private organization, not part of the court, and that Cheng would remain responsible for filing documents and managing his case unless the clinic separately agreed to represent him.

Disposition

Judge Lorna G. Schofield directed the Clerk to mail Cheng an information package, issue and prepare the summonses and service forms, and provide the documents to the U.S. Marshals Service. The order did not rule on whether Cheng’s Freedom of Information Act or Administrative Procedure Act claims are valid.