Ellis v. Kim
- Philip Halpern
- 7:23-cv-05309
- U.S. District Court · Southern District of New York
- 4
In Ellis v. Kim, Judge Halpern ordered U.S. Marshals to serve defendants in Ellis’s medical-care lawsuit.
Erick Ellis, Dr. Kim, Dr. Bentivegna, and Correctional Officer Boyd; the Clerk of Court and U.S. Marshals Service were directed to carry out service-related tasks.
What happened
In Ellis v. Kim, Erick Ellis, who is incarcerated and proceeding without a lawyer, alleges under a federal civil-rights law that Dr. Kim, Dr. Bentivegna, and Correctional Officer Boyd denied him medical care.
Because Ellis had permission to proceed without paying court fees in advance, the court ordered the Clerk to issue summonses and provide the necessary documents to the U.S. Marshals Service for service on the three defendants.
Judge Halpern also stated that service must occur within 90 days after the summonses are issued, that Ellis should request more time if needed, and that he must notify the court of any address change.
The detailed version
- Ellis v. Kim · No. 7:23-cv-05309
- Philip Halpern
- Sept. 22, 2023
Background
Erick Ellis, who is incarcerated at Green Haven Correctional Facility and is representing himself, brought this action under 42 U.S.C. § 1983. He alleges that Doctor Kim, Dr. Bentivegna, and Correctional Officer Boyd denied him medical care. Chief Judge Laura Taylor Swain had previously allowed Ellis to proceed without prepaying filing fees.
Order
The court addressed service of process, meaning the formal delivery of the lawsuit and summons to the defendants. Because Ellis was allowed to proceed without prepaying fees, the court ordered the Clerk of Court to complete U.S. Marshals Service forms, issue summonses, and provide the necessary paperwork to the U.S. Marshals Service so it could serve Doctor Kim, Dr. Bentivegna, and Correctional Officer Boyd.
The court stated that service must be completed within 90 days after the summonses are issued. If service is not completed within that period, Ellis should request an extension of time. The court also required Ellis to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Additional Information
The order informed Ellis about a legal clinic operated by the New York Legal Assistance Group that may provide limited-scope assistance to people without lawyers. The clinic is not part of the court and cannot file documents for the court on a litigant’s behalf.
Disposition
The court ordered issuance of summonses and service by the U.S. Marshals Service. It did not decide whether Ellis’s medical-care allegations are legally or factually valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.