Urena v. The City of New York

Background

Amaury Urena, who is representing himself, brought an action under 42 U.S.C. § 1983, alleging that the defendants violated his rights. The defendants identified in the order are the City of New York, Officer Will Rodriguez, Officer Lauren Moriarty, Officer Imran Alli, and Sergeant Juan Candelario.

The court had previously granted Urena permission to proceed without prepaying court fees. In such cases, the court stated that the plaintiff may rely on the court and the U.S. Marshals Service to serve the summons and complaint.

Order

The court directed the Clerk of Court to issue summonses for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed service addresses, and provide the necessary documents to the U.S. Marshals Service. The court also directed the Clerk to mail Urena the order and an information package.

The court explained that the usual 90-day service period runs from the filing of the complaint, but Urena could not serve the papers until the court reviewed the complaint and ordered the summonses issued. It therefore extended the service deadline to 90 days after the summonses are issued. If service is not completed within that period, Urena should request an extension of time. The court also stated that Urena must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.

Disposition and significance

Judge Jennifer L. Rochon entered an order arranging service of the lawsuit through the U.S. Marshals Service. The order did not decide the merits of Urena’s allegations or whether any defendant violated his rights.