James v. Kelly
- Sarah Netburn
- 1:22-cv-09560
- U.S. District Court · Southern District of New York
- 3
In James v. Leonard, Judge Netburn ordered U.S. Marshals to serve the two defendants in James’s civil-rights case.
Julian James, Police Officer Kevin Leonard, and Detective Specialist Steven Ramunno; the Clerk of Court and U.S. Marshals Service were also directed to take service-related actions.
What happened
Julian James is incarcerated and is representing himself in a lawsuit against Police Officer Kevin Leonard and Detective Specialist Steven Ramunno under a federal civil-rights law. The opinion does not describe the underlying claims.
Because James was allowed to proceed without prepaying filing fees, the court said he could rely on the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to prepare the required service forms and amended summonses.
Judge Sarah Netburn ordered the Marshals Service to try to serve Leonard and Ramunno promptly at the identified New York City Police Department precinct. The order also said James must ask for more time if service is not completed within 90 days after the summonses are issued and must notify the court if his address changes.
The detailed version
- James v. Kelly · No. 1:22-cv-09560
- Sarah Netburn
- Jan. 24, 2024
Background
Julian James, who was incarcerated at Clinton Correctional Facility, brought this action under 42 U.S.C. § 1983, a federal law that allows certain civil-rights claims against government officials. James was representing himself. The opinion does not explain the specific claims in his complaint.
The court had previously allowed James to proceed without prepaying filing fees. When a person proceeds under that permission, federal law requires the court to direct the U.S. Marshals Service to serve the defendants.
Service Order
The defendants were Police Officer Kevin Leonard, shield number 6998, and Detective Specialist Steven Ramunno, shield number 5143. The court directed the Clerk of Court to complete U.S. Marshals Service process-receipt forms, issue amended summonses, and provide the Marshals Service with the paperwork needed to serve Leonard and Ramunno.
The service address listed in the order was the 44th Precinct of the New York City Police Department, 2 East 169th Street, Bronx, New York 10452. Because of the delay in the litigation, the court requested prompt personal service if possible.
Ruling and Procedural Requirements
Judge Sarah Netburn ordered the service-related steps described above. The order stated that if the complaint was not served within 90 days after the summonses were issued, James should ask the court for an extension of time. It also required James to notify the court in writing if his address changed and warned that the action could be dismissed if he failed to do so.
This order addresses service of the complaint; it does not decide the merits of James’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.