Allah v. Sullivan

Background

Kha-Sun C. Allah, proceeding without a lawyer, alleges that Shannon A. Sullivan and “Qayyam,” who worked at Downstate Correctional Facility when the events occurred, ignored his request not to transfer him to Upstate Correctional Facility. Allah allegedly told them that the transfer would result in his attempting suicide. The caption also names Inmate Classification and Movement as a defendant.

Chief Judge Laura Taylor Swain had allowed Allah to proceed without prepaying court fees. Because the addresses listed in the complaint were outdated, the court directed the New York State Attorney General to provide addresses where the defendants could be served. On February 12, 2024, the Attorney General supplied an address for Sullivan and “Qayyam.”

Service Order

Because Allah was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. Judge Halpern instructed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for Sullivan and “Qayyam,” issue summonses, and deliver the documents needed for the Marshals Service to complete service.

The court extended the service period to 90 days after the summonses are issued. If service is not completed within that period, Allah should request an extension. The court also directed Allah to notify it in writing of any address change and stated that the action may be dismissed if he fails to do so.

Disposition

The order directs the Clerk of Court to mail Allah an information package, issue summonses for Sullivan and “Qayyam,” complete the service forms with the provided addresses, and send the necessary documents to the Marshals Service. The court certified 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 order addresses service and appeal-fee status; it does not decide the merits of Allah’s allegations.