Cheng v. Cash
- Jesse Furman
- 1:23-cv-02150
- U.S. District Court · Southern District of New York
- 7
Cheng v. Cash: Judge Furman ordered the court and Marshals Service to serve Cash after Cheng was allowed to proceed without paying fees upfront.
Sheng-Wen Cheng, who is representing himself, receives court-assisted service through the U.S. Marshals Service; Lukas Cash is the person to be served. The Clerk of Court and Marshals Service must carry out the service steps described in the order.
What happened
In Cheng v. Cash, Sheng-Wen Cheng submitted a second amended complaint and provided addresses for serving Lukas Cash. The court had previously allowed Cheng to proceed without paying court fees upfront.
The court directed the Clerk to issue a summons, complete the required service form, and send the necessary papers to the U.S. Marshals Service. Service must occur within 90 days after the summons is issued, unless Cheng asks for more time. Cheng must also notify the court of any address change.
Judge Jesse M. Furman issued the order of service. The order also informed Cheng about optional, limited assistance from the New York Legal Assistance Group while emphasizing that Cheng would remain responsible for the case.
The detailed version
- Cheng v. Cash · No. 1:23-cv-02150
- Jesse Furman
- Aug. 25, 2023
Background
The court received Sheng-Wen Cheng’s Second Amended Complaint and a letter providing addresses where Defendant Lukas Cash could be served. The opinion states that Cheng had previously been granted permission to proceed without prepaying filing fees. It also states that prisoners remain responsible for paying the full filing fee over time, even when granted that permission.
Service Order
Because Cheng was proceeding without prepaying fees, the court ruled that Cheng could rely on the court and the U.S. Marshals Service to serve Cash. The Clerk of Court was instructed to issue a summons, complete a U.S. Marshals Service process receipt and return form, and deliver the necessary paperwork to the Marshals Service. The Clerk was also instructed to mail Cheng an information package.
The court extended the service deadline. Instead of measuring the 90-day period from the filing of the complaint, service must occur within 90 days after the summons is issued. If service is not completed within that period, Cheng should ask for an extension of time. Cheng must notify the court in writing of any address change, and the court stated that it may dismiss the action if Cheng fails to do so.
Legal Assistance Information
The order informed Cheng about the New York Legal Assistance Group’s clinic for people representing themselves in civil cases. The clinic’s assistance is voluntary and limited in scope; it does not make the organization Cheng’s attorney of record. Cheng would remain responsible for all aspects of the case and for meeting all deadlines.
Disposition
Judge Jesse M. Furman entered an order of service directing the Clerk and the U.S. Marshals Service to take steps to serve Cash. The opinion does not decide the underlying claims in the Second Amended Complaint.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.