Faulkner v. Adams
- Vernon Broderick
- 1:24-cv-03145
- U.S. District Court · Southern District of New York
- 2
In Faulkner v. Adams, Magistrate Judge Figueredo directed steps to serve four newly added defendants.
Dwayne Faulkner, the four newly added defendants—James Flood, Paul Lestingi, Ross L. Delvecchio, and John Benzan—and the court personnel and United States Marshals Service involved in service.
What happened
Faulkner v. Adams concerns Dwayne Faulkner’s amended complaint, which added James Flood, Paul Lestingi, Ross L. Delvecchio, and John Benzan as defendants. Faulkner was proceeding without a lawyer and had permission to proceed without paying filing fees.
The court directed the Clerk of Court to notify the New York City Department of Corrections so Faulkner could serve the four defendants. The court also asked those defendants to waive service and extended the service deadline until 90 days after any summonses were issued.
Magistrate Judge Valerie Figueredo signed the order on May 21, 2025. The order addressed service of the amended complaint and did not decide the underlying claims.
The detailed version
- Faulkner v. Adams · No. 1:24-cv-03145
- Vernon Broderick
- May 21, 2025
Background
Dwayne Faulkner filed an amended complaint adding James Flood, Paul Lestingi, Ross L. Delvecchio, and John Benzan as defendants. The order states that Faulkner was proceeding without a lawyer and had been granted permission to proceed without paying filing fees.
Service of Process
Because Faulkner was proceeding without paying filing fees, the court stated that he could rely on the court and the United States Marshals Service to carry out service. The court explained that service ordinarily must occur within 90 days after the complaint is filed, but Faulkner could not have served the newly added defendants until the court reviewed the amended complaint and ordered that summonses be issued. The court therefore extended the service period until 90 days after any summonses issue.
The court directed the Clerk of Court to electronically notify the New York City Department of Corrections. The order states that the City of New York had identified Flood, Lestingi, Delvecchio, and Benzan as employees of that department. The court requested that the four defendants waive service and directed the Clerk to mail Faulkner a copy of the order.
Disposition
The order granted procedural assistance for serving the newly added defendants and extended the time for service as described above. It did not rule on the merits of Faulkner’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.