Shelby v. Petreucci
- Kenneth Karas
- 7:23-cv-04315
- U.S. District Court · Southern District of New York
- 4
In Shelby v. Petrucci, Judge Karas ordered the Marshals Service to serve the defendants and the United States in Shelby’s federally based case.
July Justine Shelby and the nine listed defendants, including officials and employees connected with the Otisville and Brooklyn federal correctional facilities and Dr. Alex McLearen. The order also directed service on the United States.
What happened
In Shelby v. Petrucci, July Justine Shelby, who is incarcerated and representing herself, sued officials and employees connected with federal correctional facilities, alleging violations of federally protected rights. The court had already allowed her to proceed without paying filing fees upfront.
The court directed the Clerk to prepare service forms and a summons, and to give the U.S. Marshals Service the paperwork needed to serve the nine listed defendants and the United States. The opinion states that Shelby must ensure service within 90 days after the summons is issued and must notify the court if her address changes.
Judge Kenneth M. Karas entered an order of service on July 24, 2023. The order addressed service and filing-fee procedures; it did not decide whether Shelby’s allegations were legally valid.
The detailed version
- Shelby v. Petreucci · No. 7:23-cv-04315
- Kenneth Karas
- July 24, 2023
Background
July Justine Shelby, who is incarcerated at F.M.C. Carswell in Texas, brought this action under the court’s federal-question jurisdiction. She is proceeding without a lawyer and alleges that the defendants violated federally protected rights. The opinion does not specify the particular rights or claims in the allegations.
The court had previously granted Shelby permission to proceed without prepaying filing fees. The opinion notes that prisoners must still pay the full filing fee over time even when granted that permission.
Order
To permit service of the lawsuit, the court directed the Clerk of Court to complete U.S. Marshals Service process forms for nine defendants: Warden James Petrucci; Warden W.S. Pliler; Medical Director Dr. A. Linley; Health Services Administrator Mr. B. Walls; Officer Hannah; Officer Z. Hurn; Officer Christiansen; Warden Washington; and Dr. Alex McLearen, identified as Director of the Women’s Offender Bureau and Chair of the Transgender Executive Council.
The Clerk was also directed to mark the forms for service on the United States, issue a summons, and provide the Marshals Service with this order and the other paperwork needed to serve the defendants and the United States.
Requirements and effect
The order states that Shelby is responsible for ensuring service within 90 days after the summons is issued and may request additional time if necessary. She must also notify the court in writing if her address changes, and the court may dismiss the action if she fails to do so.
Judge Kenneth M. Karas entered the order of service. The order concerns service and related procedures; it does not reach the merits of Shelby’s claims or decide whether any defendant violated her rights.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.