Herbert v. SanFeliz
- Kenneth Karas
- 7:22-cv-04299
- U.S. District Court · Southern District of New York
- 4
In Herbert v. SanFeliz, Judge Karas ordered Marshals to serve defendants and extended the service deadline, while denying fee-free status for an appeal.
The order affects Jeremiah Folsom Herbert, the defendants Christina SanFeliz, Devinnie M. Depuy, and Christopher Fox, and the Clerk of Court and U.S. Marshals Service responsible for service.
What happened
In Herbert v. SanFeliz, Jeremiah Folsom Herbert, representing himself, alleges that New York State Police officers violated his constitutional rights under a federal civil-rights law. He had permission to proceed without paying court fees, but earlier attempts by the U.S. Marshals Service to serve the defendants were unsuccessful.
The court extended the service deadline until 90 days after new summonses are issued. It directed the Clerk of Court to prepare summonses and service forms for Christina SanFeliz, Devinnie M. Depuy, and Christopher Fox and give the required documents to the Marshals Service.
Judge Karas also warned Herbert to report any address change and certified that an appeal would not be taken in good faith, so Herbert could not proceed without paying fees for an appeal. The order did not decide whether Herbert’s constitutional claims were valid.
The detailed version
- Herbert v. SanFeliz · No. 7:22-cv-04299
- Kenneth Karas
- Jan. 17, 2024
Background
Jeremiah Folsom Herbert brought this action under 42 U.S.C. § 1983, a federal law allowing claims that state officials violated constitutional rights. He is proceeding without a lawyer. The court had previously allowed him to proceed in forma pauperis, meaning without prepaying court fees.
The court had ordered the U.S. Marshals Service to serve the defendants, but those attempts were returned unexecuted. The court then directed the New York Attorney General’s Office to identify the badge numbers and service addresses of the defendants. The office provided that information but declined to waive service for the defendants.
Service ruling
Federal Rule of Civil Procedure 4(m) generally requires service of the summons and complaint within 90 days after the complaint is filed. Because Herbert was proceeding without prepaying fees and the Marshals Service could not complete service without information supplied by the Attorney General’s Office, the court extended the service period until 90 days after new summonses are issued. The court stated that Herbert should request another extension if service is not completed within that period.
The court instructed the Clerk of Court to issue summonses for Christina SanFeliz, Devinnie M. Depuy, and Christopher Fox; complete a U.S. Marshals Service Process Receipt and Return form for each defendant; and deliver the necessary documents to the Marshals Service. The order identifies the defendants as New York State Police officers and provides their service addresses.
Other directives and disposition
The court directed Herbert to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
This was an order about service of process and appeal-fee status. It did not decide the merits of Herbert’s constitutional claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.