Zuleta v. Krom
- Nelson Roman
- 7:24-cv-02696
- U.S. District Court · Southern District of New York
- 3
In Zuleta v. Krom, Judge Roman ordered U.S. Marshals to serve defendants in Zuleta’s medical-care lawsuit.
Hector Munoz Zuleta and defendants J. Krom, P. Page-Cannonier, and Dr. M. Gusman; the Clerk of Court and U.S. Marshals Service must carry out the service instructions.
What happened
In Zuleta v. Krom, Hector Munoz Zuleta, who is incarcerated at Sullivan Correctional Facility, alleges that three defendants failed to provide necessary medical attention for his hernia. He is representing himself and brought the case under a federal civil-rights law.
The court had allowed Zuleta to proceed without paying court fees in advance. Because he could not arrange service before the court issued summonses, the court extended the service deadline to 90 days after the summonses are issued.
Judge Nelson S. Roman ordered the Clerk of Court to issue summonses, prepare service forms, and send the necessary papers to the U.S. Marshals Service for service on J. Krom, P. Page-Cannonier, and Dr. M. Gusman. The order did not decide whether Zuleta’s medical-care allegations are true.
The detailed version
- Zuleta v. Krom · No. 7:24-cv-02696
- Nelson Roman
- May 17, 2024
Background
Hector Munoz Zuleta, who is incarcerated at Sullivan Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law that permits certain civil-rights claims against government officials. He alleges that J. Krom, P. Page-Cannonier, and Dr. M. Gusman failed to provide necessary medical attention for his hernia condition during his incarceration.
Chief Judge Laura Taylor Swain had previously granted Zuleta permission to proceed without prepaying court fees. The order notes that prisoners must still pay the full filing fee over time under the applicable statute.
Service of the Complaint
Because Zuleta was allowed 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 court explained that he could not have completed service before the court reviewed the complaint and ordered summonses to be issued.
The court therefore extended the time for service to 90 days after the summonses are issued. It instructed the Clerk of Court to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and provide the Marshals Service with the paperwork needed to complete service.
If the complaint is not served within that 90-day period, the order states that Zuleta should request an extension of time. The order also requires Zuleta to notify the court in writing if his address changes and states that the court may dismiss the action if he fails to do so.
Ruling
Judge Nelson S. Roman ordered the Clerk of Court to issue the summonses, prepare the service forms, and deliver the necessary documents to the U.S. Marshals Service. The court also directed the Clerk to mail Zuleta a copy of the order and an information package and to record that mailing on the docket.
This order concerns service of the lawsuit. It does not decide whether the defendants failed to provide adequate medical care or whether Zuleta will prevail on his claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.