Crimmins v. United States
- Philip Halpern
- 7:24-cv-00995
- U.S. District Court · Southern District of New York
- 4
In Crimmins v. United States, Judge Halpern ordered service of the complaint but did not decide its claims.
Thomas W. Crimmins, the United States, J.A. Jamison, Carnales, Nicolas Cerra, Johnson, Blaine, and Zurita; the Clerk of Court and U.S. Marshals Service were directed to carry out service.
What happened
In Crimmins v. United States, Thomas W. Crimmins, who is incarcerated at FCI Otisville and has no lawyer, sued the United States and six individuals. He claims that officials violated his rights during his incarceration under the Religious Freedom Restoration Act and the Federal Tort Claims Act.
Because Crimmins was allowed to proceed without paying court fees in advance, the court directed the Clerk of Court to issue summonses and send the necessary papers to the U.S. Marshals Service. The Marshals Service is to serve the United States, J.A. Jamison, Carnales, Nicolas Cerra, Johnson, Blaine, and Zurita.
The court gave Crimmins 90 days after the summonses are issued to complete service, while allowing him to request more time. Failure to request an extension could lead to dismissal without prejudice under the service rule. Judge Philip M. Halpern did not rule on whether Crimmins’s claims are valid.
The detailed version
- Crimmins v. United States · No. 7:24-cv-00995
- Philip Halpern
- Mar. 26, 2024
Background
Thomas W. Crimmins, who is incarcerated at FCI Otisville and proceeding without a lawyer, brought claims under the Religious Freedom Restoration Act and the Federal Tort Claims Act. He alleges that the defendants violated his rights during his incarceration at Otisville. The defendants are the United States, J.A. Jamison, Carnales, Nicolas Cerra, Johnson, Blaine, and Zurita.
Chief Judge Laura Taylor Swain previously granted Crimmins permission to proceed without prepaying filing fees. The opinion notes that prisoners must still pay the full filing fee over time under the applicable statute.
Service of Process
This order addresses service of process—the formal delivery of the lawsuit and summons to the defendants. Because Crimmins was permitted to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants.
The Clerk of Court was directed to issue summonses, complete the required U.S. Marshals Service forms, indicate that service was required on the United States, and deliver the necessary documents to the Marshals Service. The order identifies service information for the United States, the Federal Bureau of Prisons, J.A. Jamison, Carnales, Nicolas Cerra, Johnson, Blaine, and Zurita.
Deadline and Disposition
The court extended the service deadline to 90 days after the summonses are issued because Crimmins could not serve the defendants before the court reviewed the complaint and ordered the summonses issued. If service is not completed within that period, Crimmins should request an extension. The court stated that failure to request an extension will result in dismissal without prejudice under Federal Rule of Civil Procedure 4(m), meaning the dismissal would not bar refiling on that basis.
The court also directed Crimmins to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so. Judge Philip M. Halpern ordered the Clerk of Court to mail Crimmins an information package and to arrange for issuance and service of the summonses. The order did not decide the merits of Crimmins’s Religious Freedom Restoration Act or Federal Tort Claims Act claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.