Cheng v. Department of Justice
- Analisa Torres
- 1:23-cv-03983
- U.S. District Court · Southern District of New York
- 4
In Cheng v. Department of Justice, Judge Gorenstein ordered summonses and U.S. Marshals service for Cheng’s Freedom of Information Act and Administrative Procedure Act case.
Sheng-Wen Cheng, the Department of Justice, the Federal Bureau of Investigation, the Clerk of Court, and the U.S. Marshals Service.
What happened
Sheng-Wen Cheng, who is incarcerated, filed a lawsuit against the Department of Justice and the Federal Bureau of Investigation under the Freedom of Information Act and the Administrative Procedure Act. The court had already allowed Cheng to proceed without paying filing fees upfront.
Because Cheng was proceeding without a lawyer and without prepaying fees, the court directed the Clerk of Court and the U.S. Marshals Service to handle service of the lawsuit. The order gave Cheng 90 days after the summonses are issued to complete service, while allowing Cheng to request more time if needed.
Judge Gabriel W. Gorenstein ordered the Clerk to issue summonses, complete the required service forms, and send the documents to the Marshals Service for service on the Department of Justice and the Federal Bureau of Investigation. The order also required Cheng to notify the court of any address change.
The detailed version
- Cheng v. Department of Justice · No. 1:23-cv-03983
- Analisa Torres
- June 28, 2023
Background
Sheng-Wen Cheng filed a lawsuit against the United States Department of Justice and the Federal Bureau of Investigation. The complaint asserts claims under the Freedom of Information Act and the Administrative Procedure Act. The opinion states that Cheng is incarcerated at the Federal Medical Center in Rochester, Minnesota and is proceeding without a lawyer.
The court had previously granted Cheng permission to proceed without paying filing fees upfront. In such cases, federal law requires the court to order the U.S. Marshals Service to serve the defendants.
Order
The court directed the Clerk of Court to issue summonses for the Department of Justice and the Federal Bureau of Investigation, complete the required U.S. Marshals Service Process Receipt and Return forms, mark the forms for service on the United States, and deliver the necessary documents to the Marshals Service. The opinion includes service addresses for both defendants and for the United States Attorney’s Office for the Southern District of New York.
The court explained that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Cheng should ask for an extension. Cheng must also notify the court in writing if the address changes, and the court stated that it may dismiss the action if Cheng does not provide that notice.
Disposition and Classification
Judge Gabriel W. Gorenstein entered an order arranging service of the lawsuit. The order addressed service and filing-fee procedure; it did not decide the merits of Cheng’s Freedom of Information Act or Administrative Procedure Act claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.