Cheng v. Obasi

Background

Sheng-Wen Cheng, who is incarcerated at the Federal Medical Center in Rochester, Minnesota, filed federal and state law claims against Onyeka Obasi, Jahril Tafari Bell, and Marie Noel Nsana. Cheng is proceeding without a lawyer. The court had previously granted Cheng permission to proceed without prepaying filing fees.

Order

Because Cheng was allowed to proceed without prepaying fees, the court explained that Cheng could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to complete U.S. Marshals Service process receipt and return forms, issue summonses for Obasi, Bell, and Nsana, and deliver the necessary documents to the Marshals Service. The Clerk was also directed to mail Cheng an information package.

The court extended the service period to 90 days after the summonses are issued because Cheng could not serve the summonses and complaint before the court reviewed the complaint and ordered the summonses issued. If the complaint is not served within that period, Cheng should request an extension of time. Cheng must also notify the court in writing of any address change, and the court stated that it may dismiss the action if Cheng does not do so.

Disposition and Significance

Judge Arun Subramanian entered an order directing the Clerk of Court and the U.S. Marshals Service to arrange service on the three defendants. The order does not decide the merits of Cheng's federal or state law claims.