Carter v. Park
- Jesse Furman
- 1:23-cv-10887
- U.S. District Court · Southern District of New York
- 6
In Carter v. Park, Judge Furman ordered service on Molly Wasow Park, declined to identify Doe defendants, and denied fee-free status for an appeal.
Darryl C. Carter must use the court-arranged process for serving Molly Wasow Park and must request an extension if service is not completed within the stated period. The unknown defendants were not identified, and Park is subject to the ordered service process.
What happened
In Carter v. Park, Darryl C. Carter, representing himself, alleges that Molly Wasow Park and ten unknown defendants are violating his due process rights. He seeks money damages and court orders requiring or declaring relief.
Because Carter was allowed to proceed without paying filing fees, the court ordered the Clerk and U.S. Marshals Service to issue and serve the summons and complaint on Park. The court also said Carter must request more time if service is not completed within 90 days after the summons is issued. Because Carter provided no allegations or identifying information about the unknown defendants, the court declined at this time to seek their identities.
Judge Jesse M. Furman ordered the service-related steps, directed the Clerk to send Carter information about electronic service, and denied fee-free status for any appeal from the order. The order did not decide whether Carter’s due process claims are valid.
The detailed version
- Carter v. Park · No. 1:23-cv-10887
- Jesse Furman
- Mar. 21, 2024
Background
Darryl C. Carter brings this action without a lawyer against Molly Wasow Park, identified as the Commissioner of the New York City Department of Social Services and Human Resources Administration, and ten unknown defendants. Carter alleges that the defendants are violating his due process rights and seeks monetary damages, injunctive relief, and declaratory relief. The court had previously allowed Carter to proceed without prepaying filing fees, a status commonly called proceeding without prepayment of fees.
Service on Park
Because Carter received that status, the court explained that he may rely on the court and the U.S. Marshals Service to serve the summons and complaint. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for Park, issue a summons, and provide the Marshals Service with the documents needed for service. The court stated that service must occur within 90 days after the summons is issued. If service is not completed within that period, Carter should request an extension of time. The court also stated that Carter must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.
Unknown defendants
The court declined, at this time, to issue an order seeking the identities of the ten John Doe defendants. It explained that Carter made no allegations against them and did not provide enough information for their lawyers or agents to identify them.
Conclusion and effect
The court ordered the Clerk to take the steps necessary for the Marshals Service to serve Park and to send Carter an information package. It also provided Carter with a form for consenting to receive court documents by email. The court certified that an appeal from this order would not be taken in good faith and denied Carter permission to proceed without prepaying fees for an appeal. The order did not resolve the merits of Carter’s due process claims.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.