Browne v. Rivera
- Andrew Krause
- 7:23-cv-08280
- U.S. District Court · Southern District of New York
- 3
In Browne v. Rivera, Judge Roman ordered the clerk and U.S. Marshals Service to serve the defendants after Browne was allowed to proceed without paying fees.
Kendall Browne, P.O. S. Rivera, the City of Middletown, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Browne v. Rivera, Kendall Browne, representing himself, sued P.O. S. Rivera and the City of Middletown under a federal civil-rights law, claiming violations of his constitutional rights. The court had already allowed Browne to proceed without paying court fees upfront.
Because Browne was allowed to proceed without paying fees, the court said the clerk and the U.S. Marshals Service would handle service of the lawsuit. The court extended the service deadline to 90 days after the summonses are issued, rather than 90 days after the complaint was filed.
Judge Nelson S. Roman ordered the clerk to issue the summonses, complete the required service forms, and send the necessary papers to the Marshals Service. The order also told Browne to request more time if service is not completed within 90 days after the summonses are issued and to notify the court if his address changes.
The detailed version
- Browne v. Rivera · No. 7:23-cv-08280
- Andrew Krause
- Oct. 11, 2023
Background
Kendall Browne, appearing without a lawyer, brought an action under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights. The defendants are P.O. S. Rivera and the City of Middletown. The court had previously granted Browne permission to proceed without prepaying filing fees.
Service of the lawsuit
The court explained that a plaintiff proceeding without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendants with the summons and complaint. The court therefore instructed the Clerk of Court to prepare the required U.S. Marshals Service Process Receipt and Return forms, issue summonses for P.O. S. Rivera and the City of Middletown, and deliver the necessary paperwork to the Marshals Service.
The court stated that the usual 90-day service period is extended in this situation because Browne could not serve the summonses and complaint before the court reviewed the complaint and ordered that summonses be issued. The relevant 90-day period runs from the date the summonses are issued. If service is not completed within that period, Browne should request an extension of time. The court also directed Browne to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Disposition
Judge Nelson S. Roman entered an order directing the clerk to issue the summonses and arrange service through the U.S. Marshals Service. This order addressed service of process and did not decide whether Browne's constitutional claims are legally valid.
Effect of the order
The order requires the clerk and the Marshals Service to take the steps needed to serve P.O. S. Rivera and the City of Middletown. It does not state that either defendant has been served or that the court has ruled on the merits of Browne's claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.