Morrow v. Janis
- Nelson Roman
- 7:23-cv-03224
- U.S. District Court · Southern District of New York
- 3
In Morrow v. Janis, Judge Roman ordered the Marshals Service to serve Janis after Morrow was allowed to proceed without prepaying fees.
Neb Morrow and Marc Janis; the Clerk of Court and U.S. Marshals Service must take steps to serve Janis.
What happened
In Morrow v. Janis, Neb Morrow, who is incarcerated at Sing Sing Correctional Facility and representing himself, alleges under a federal civil-rights law that Marc Janis was deliberately indifferent to his pain during a prostate biopsy.
Because Morrow was allowed to proceed without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve Janis. The clerk was directed to prepare the service paperwork, issue summonses, and give the necessary documents to the Marshals Service.
The court extended the service deadline to 90 days after the summons is issued and told Morrow to request more time if service is not completed by then. The order also requires Morrow to notify the court of any address change. Judge Nelson S. Roman did not decide the merits of Morrow’s allegations.
The detailed version
- Morrow v. Janis · No. 7:23-cv-03224
- Nelson Roman
- Nov. 9, 2023
Background
Neb Morrow, who is incarcerated at Sing Sing Correctional Facility and proceeding without a lawyer, brings a claim under 42 U.S.C. § 1983. He alleges that Marc Janis was deliberately indifferent to his pain while conducting a prostate biopsy. The court had previously allowed Morrow to proceed without prepaying filing fees.
Service of Process
Because Morrow was permitted to proceed without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve Janis. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue summonses, and deliver the paperwork needed for the Marshals Service to serve Janis.
The court explained that Morrow must request an extension if Janis is not served within 90 days after the summons is issued. It also instructed Morrow to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.
Ruling
The court ordered the clerk to issue a summons for Janis, complete the service form with Janis’s address, and send the necessary documents to the Marshals Service. The clerk was also directed to mail Morrow a copy of the order and an information package and record that mailing on the docket. Judge Nelson S. Roman’s order addressed service only; it did not decide whether Morrow’s allegations are valid.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.