Alli v. Renee
- Paul Gardephe
- 1:21-cv-09470
- U.S. District Court · Southern District of New York
- 4
In Alli v. Renee, Magistrate Judge Sarah Netburn ordered service steps for newly added defendants in Umar Alli’s constitutional-rights case.
Umar Alli, the five defendants asked to waive service, Benjamin Okonta, and the court and U.S. Marshals Service personnel responsible for service.
What happened
In Alli v. Renee, Umar Alli, who was representing himself, alleged that the defendants violated his federal constitutional rights. He filed an amended complaint adding six defendants.
The court asked five defendants to waive formal service of the summons: C. Meyers, C. Henry, S. Johnson, C. McGovern, and N. Coronel. The court ordered the clerk to notify the relevant correction and law departments about the order.
The court also directed the clerk to issue a summons and prepare service documents so the U.S. Marshals Service could serve Benjamin Okonta, M.D., because Alli had permission to proceed without paying court fees in advance. Magistrate Judge Sarah Netburn issued the order; it did not decide whether Alli’s constitutional claims were valid.
The detailed version
- Alli v. Renee · No. 1:21-cv-09470
- Paul Gardephe
- Sept. 14, 2023
Background
Umar Alli, who was proceeding without a lawyer, filed a federal action alleging that the defendants violated his federal constitutional rights. He filed the original complaint on November 15, 2021, and an amended complaint on June 12, 2023. The amended complaint added Correction Officer C. Meyers, Deputy Warden C. Henry, Correction Captain S. Johnson, Benjamin Okonta, M.D., Investigator C. McGovern, and Investigator N. Coronel.
The court had previously allowed Alli to proceed without paying court fees in advance. That status entitled him to rely on the court and the U.S. Marshals Service to serve defendants when required.
Service Orders
For Meyers, Henry, Johnson, McGovern, and Coronel, the court requested that they waive service of summonses. It directed the clerk to notify the New York City Department of Correction and the New York City Law Department about the order.
For Okonta, the court directed the clerk to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form with Okonta’s address, and send the necessary paperwork to the Marshals Service so it could complete service. The opinion lists Okonta’s service address as care of Gwendolyn Renee Tarver at PAGNY-Correctional Health Services in Astoria, New York.
Disposition
The court entered an order directing these service steps. It did not rule on the merits of Alli’s constitutional claims. Sarah Netburn, United States Magistrate Judge, signed the order on September 14, 2023.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.