Henryx v. Radhakrishnan

Background

Christopher A. Henryx, who was representing himself and had not been granted permission to proceed without paying filing fees, asked for more time to serve the defendants with the complaint and summons. The requested extension was needed because the deadline had already passed after the court reopened the action.

Henryx had timely filed an amended complaint. He stated that he could not serve the summons because of circumstances outside his control, including an involuntary commitment to a medical facility. The opinion states that 145 days had passed since the original summons was issued.

Court’s reasoning

The court noted that self-represented plaintiffs must still follow procedural requirements. It also stated that reasonable allowances should be made to protect self-represented litigants from accidentally losing their rights. Based on the circumstances described in the order, the court allowed Henryx additional time to complete service.

Ruling

The court directed Henryx to serve the amended complaint and summons on the defendants by January 29, 2024. The order warned that failure to properly serve the defendants may result in dismissal of the action for failure to prosecute. The Clerk of Court was also directed to mail Henryx a copy of the order, the docket sheet, and materials from a specified filing.