Edwards v. Trotter
- Nelson Roman
- 7:24-cv-02125
- U.S. District Court · Southern District of New York
- 13
In Edwards v. Trotter, Judge Roman ordered service and identification steps without deciding Edwards’s civil-rights claims.
Clint Edwards must pursue service, keep the court informed of address changes, and amend his complaint to identify E.S. The Clerk, U.S. Marshals Service, New York Attorney General, and named defendants Z. Trotter, C. Maxy, S. Knowles, C. Bennett, and E.S. are affected by the service and identification directives.
What happened
In Edwards v. Trotter, Clint Edwards, who is incarcerated and representing himself, sued several defendants under a federal civil-rights law over allegedly false disciplinary charges. The court had already allowed him to proceed without paying court fees in advance.
The court directed the Clerk and U.S. Marshals Service to issue and serve papers on Z. Trotter, C. Maxy, S. Knowles, and C. Bennett. The New York Attorney General must identify Defendant E.S. and provide a service address within 60 days. Edwards must then file an amended complaint naming E.S. within 30 days after receiving that information.
Judge Nelson S. Roman did not decide whether Edwards’s claims were valid. The order also denied permission to appeal without prepaying fees, based on the court’s certification that an appeal would not be taken in good faith.
The detailed version
- Edwards v. Trotter · No. 7:24-cv-02125
- Nelson Roman
- Apr. 15, 2024
Background
Clint Edwards, who the opinion says is incarcerated at Woodbourne Correctional Facility and is proceeding without a lawyer, brought claims under 42 U.S.C. § 1983 concerning allegedly false disciplinary charges. The court had previously granted Edwards permission to proceed without prepaying filing fees.
This order addressed service of the lawsuit and the identification of Defendant “E.S.” It did not decide the merits of Edwards’s claims.
Service on Four Defendants
Because Edwards was allowed to proceed without prepaying fees, the court stated that he was entitled to assistance from the court and the U.S. Marshals Service in serving the defendants. The court instructed the Clerk of Court to complete the required service forms, issue summonses, and deliver the necessary papers to the U.S. Marshals Service for Z. Trotter, C. Maxy, S. Knowles, and C. Bennett.
The court extended the service deadline to 90 days after the summonses are issued. If the complaint is not served within that period, Edwards should request more time. The court also required Edwards to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Identifying Defendant “E.S.”
The court found that the complaint contained enough information for the New York State Department of Corrections and Community Supervision to identify “E.S.,” who allegedly signed an October 11, 2020 misbehavior report as a witness. The New York Attorney General, acting as counsel and agent for that department, must determine E.S.’s full name and service address and provide that information to Edwards and the court within 60 days of the order.
Within 30 days after receiving the information, Edwards must file an amended complaint naming E.S. The amended complaint will replace, rather than add to, the original complaint. The court stated that it will screen the amended complaint and, if necessary, direct the Clerk and Marshals Service to complete service for E.S.
Disposition
The court ordered the Clerk to issue summonses and arrange service for Z. Trotter, C. Maxy, S. Knowles, and C. Bennett. It also ordered that an information package, the order, and the complaint be mailed as specified in the order, including to the New York Attorney General. The court certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not rule on whether Edwards’s § 1983 claims succeed.
Read the full 13-page opinion on CourtListener, the free public archive maintained by the Free Law Project.