James v. Kelly

Background

Julian James, who is incarcerated at Clinton Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law that permits certain civil-rights claims against officials acting under state law. The court had previously granted James permission to proceed without paying court fees in advance. In such cases, the court and the U.S. Marshals Service handle service of the lawsuit.

Court’s action

The order concerns service of process—the formal delivery of the complaint and summons to a defendant. The Clerk of Court was instructed to complete a U.S. Marshals Service process form for Police Officer Kevin Leonard, issue amended summonses, and give the necessary papers to the Marshals Service. The Marshals Service was directed to serve Leonard at 1 Police Plaza, Room 110A, New York, New York 10038. Leonard had agreed that the New York City Police Department could accept service on his behalf.

Because of delay in the litigation, the court requested that the Marshals Service complete personal service promptly if possible. The order states that if service is not completed within 90 days after the summonses are issued, James should ask the court for an extension of time. It also states that James must notify the court in writing if his address changes and that the court may dismiss the action if he fails to do so.

Disposition and scope

The court entered an order directing steps to serve Leonard. The opinion does not state a ruling on the merits of James’s claims and does not describe a separate disposition concerning Steven Ramunno.