Holliday v. Artist
- Philip Halpern
- 7:23-cv-02410
- U.S. District Court · Southern District of New York
- 8
In Holliday v. Artist, Judge Halpern ordered service on the officer and referred Holliday to NYLAG without deciding his constitutional claims.
Dorian Holliday, who remains responsible for his self-represented case and must monitor service and address-update requirements; C.O. Artist, who is to be served through the U.S. Marshals Service; and Holliday’s potential appeal, for which fee-free status was denied.
What happened
Dorian Holliday v. C.O. Artist concerns Holliday’s pro se civil-rights lawsuit under 42 U.S.C. § 1983, alleging that Correctional Officer Artist violated his constitutional rights. Holliday is detained at the Westchester County Correctional Facility.
The court had already allowed Holliday to proceed without paying the filing fee upfront. Because of that, the court directed the Clerk and U.S. Marshals Service to issue and serve the summons and other papers for C.O. Artist. The court also referred Holliday to the New York Legal Assistance Group for possible limited-scope assistance.
Judge Philip M. Halpern ordered service, instructed Holliday to request more time if service is not completed within 90 days after the summons is issued, and denied fee-free status for any appeal from this order. The order did not decide whether Holliday’s constitutional claims were valid.
The detailed version
- Holliday v. Artist · No. 7:23-cv-02410
- Philip Halpern
- Aug. 2, 2023
Background
Dorian Holliday, who is detained at the Westchester County Correctional Facility, brought this self-represented action under 42 U.S.C. § 1983. He alleges that C.O. Artist violated his constitutional rights. The opinion states that the court previously granted Holliday permission to proceed without prepaying filing fees. That permission does not eliminate a prisoner’s obligation to pay the full filing fee through the statutory process described in the order.
Service of Process
Because Holliday was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve C.O. Artist. The Clerk of Court was directed to complete the U.S. Marshals Service process-receipt form, issue a summons, and deliver the required papers to the Marshals Service.
The order states that service must be completed within 90 days after the summons is issued. If service is not completed by then, Holliday should request an extension of time. Holliday must also notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so.
Referral to Legal Assistance Group
The court referred Holliday to the New York Legal Assistance Group’s clinic for possible limited-scope assistance. The order explains that the clinic is a private organization, not part of the court, and cannot file papers for Holliday. The attached retainer states that Holliday would remain self-represented and responsible for his case unless NYLAG separately agrees to provide other assistance.
Disposition
The court directed the Clerk to issue the summons for C.O. Artist, complete the service forms with the defendant’s address, and deliver the necessary documents to the Marshals Service. It also directed the Clerk to mail Holliday an information package and referred him to NYLAG. The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not rule on the merits of Holliday’s constitutional allegations.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.