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S.D.N.Y.Procedural orderFiled Mar. 1, 2024

Prophete v. New York City Health and Hospitals

Judge
Ronnie Abrams
Docket
1:23-cv-11117
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Prophete v. New York Metropolitan Hospital, Judge Stein ordered Marshals Service assistance to serve NYCH+H by mail.

Who this affects

Alin Christopher Prophete, New York City Health + Hospitals, the Clerk of Court, and the U.S. Marshals Service.

What happened

In Prophete v. New York Metropolitan Hospital, Alin Christopher Prophete is proceeding without a lawyer and without paying filing fees. The court said he could rely on the court and the U.S. Marshals Service to serve the defendant.

New York City Health + Hospitals told the court that it had not yet been served but would accept service by mail at its listed New York address.

Judge Gary Stein ordered the Clerk of Court to prepare the required service form and summons and give the necessary paperwork to the Marshals Service so it could serve New York City Health + Hospitals by mail.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Prophete v. New York City Health and Hospitals · No. 1:23-cv-11117
Judge
Ronnie Abrams
Date
Mar. 1, 2024

Background

Alin Christopher Prophete is proceeding without a lawyer and has been allowed to proceed without paying filing fees. The order states that, in those circumstances, he may rely on the court and the U.S. Marshals Service to serve process on New York City Health + Hospitals, referred to in the order as “NYCH+H.”

Service issue

NYCH+H informed the court that it had not yet been served, but said it would accept service by mail at 50 Water Street, 17th Floor, New York, New York 10004.

Ruling

Magistrate Judge Gary Stein ordered the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for NYCH+H. The Clerk was also ordered to issue a summons and provide the Marshals Service with the paperwork needed to serve NYCH+H by mail. This order addressed service of process and did not decide the underlying claims.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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