Peralta v. Khouri
- Philip Halpern
- 7:24-cv-02760
- U.S. District Court · Southern District of New York
- 3
In Peralta v. Khouri, Judge Halpern ordered the Marshals Service to serve the complaint after allowing Peralta to proceed without prepaying fees.
Jimy J. Peralta, Doctor Khouri, the Clerk of Court, and the U.S. Marshals Service. Peralta must monitor service and notify the court of any address change.
What happened
In Peralta v. Khouri, Jimy J. Peralta, who is incarcerated, alleges that Doctor Khouri provided inadequate medical care while Peralta was held at the Dutchess County Jail.
The court had allowed Peralta to proceed without prepaying fees. Because of that status, the court said Peralta could rely on the court and the U.S. Marshals Service to serve Doctor Khouri.
Judge Philip M. Halpern ordered the Clerk to issue a summons, complete the service form, and send the necessary papers to the Marshals Service. The order did not decide whether Peralta received inadequate medical care.
The detailed version
- Peralta v. Khouri · No. 7:24-cv-02760
- Philip Halpern
- May 8, 2024
Background
Jimy J. Peralta filed this action under 42 U.S.C. § 1983, a federal civil-rights law that allows claims against state actors for violating federal rights. Peralta alleges that Doctor Khouri provided inadequate medical care while Peralta was held in the Dutchess County Jail. The opinion states that Peralta is currently incarcerated at Franklin Correctional Facility and is representing himself.
On May 1, 2024, the court granted Peralta permission to proceed without prepaying filing fees. The opinion notes that prisoners who receive this permission still must pay the full filing fee through the required statutory process.
Service of Process
Because Peralta was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve Doctor Khouri. The court also extended the time for service to 90 days after the summons is issued, because Peralta could not have served the defendant before the court reviewed the complaint and ordered issuance of the summons.
Order
The court instructed the Clerk of Court to issue a summons for Dr. Khouri, complete the U.S. Marshals Service service form with the defendant’s address, and deliver the necessary documents to the Marshals Service. The Clerk was also instructed to mail an information package to Peralta.
If service is not completed within 90 days after the summons is issued, the order states that Peralta should request an extension of time. The order warns that failing to request an extension may result in dismissal under Federal Rule of Civil Procedure 4(m). Peralta must also notify the court in writing of any address change, and the court may dismiss the action if he fails to do so.
The order concerns service of the lawsuit and does not decide the merits of Peralta’s inadequate-medical-care claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.