Caleb Perry v. Weill Cornell Medical College

Summary

The United States District Court for the Southern District of New York orders service of a pro se plaintiff’s complaint against Weill Cornell Medical College. Because the plaintiff was granted in forma pauperis status, the court directs the Clerk of Court to issue a summons and arrange service through the U.S. Marshals Service, with service due within 90 days after issuance of the summons.

Holdings

1. A plaintiff authorized to proceed in forma pauperis is entitled to rely on the court and the U.S. Marshals Service to effect service, and the court must order the Marshals Service to serve process.
2. Where an in forma pauperis plaintiff could not effect service until the court reviewed the complaint and ordered issuance of a summons, the time to serve is extended to 90 days after the summons issues.

Questions Presented

1. Whether a plaintiff proceeding in forma pauperis is entitled to rely on the court and the U.S. Marshals Service to effect service.
2. Whether the time for service should be extended to 90 days after issuance of the summons where the plaintiff could not have effected service before the court issued process.

Disposition

other