Charles v. Excess Telecom
- Katherine Failla
- 1:24-cv-09181
- U.S. District Court · Southern District of New York
- 5
In Charles v. Excess Telecom, Judge Failla ordered service through the U.S. Marshals Service because Charles had permission to proceed without paying fees.
The order affects Nicolas Alexander Napoleon Charles, Excess Telecom, the Clerk of Court, and the U.S. Marshals Service. It arranges service of the lawsuit but does not resolve Charles’s underlying claim.
What happened
In Charles v. Excess Telecom, Nicolas Alexander Napoleon Charles, who is representing himself, sued Excess Telecom under Section 207 of the Communications Act. The court had previously allowed him to proceed without paying filing fees upfront.
The order directs the Clerk of Court to issue a summons, complete a service form with Excess Telecom’s address, and send the necessary papers to the U.S. Marshals Service so it can serve Excess Telecom. Service must occur within 90 days after the summonses are issued, although Charles may request more time.
Judge Katherine Polk Failla also directed the Clerk to mail Charles an information package and explained that he must notify the court if his address changes. The order did not decide the underlying claim against Excess Telecom.
The detailed version
- Charles v. Excess Telecom · No. 1:24-cv-09181
- Katherine Failla
- July 7, 2025
Background
Nicolas Alexander Napoleon Charles brings this action under Section 207 of the Communications Act, 47 U.S.C. § 207. He is representing himself. In an earlier order dated December 9, 2024, the court gave him permission to proceed without paying filing fees upfront.
Service of the Defendant
Because Charles has permission to proceed without paying fees, the court explained that he may rely on the court and the U.S. Marshals Service to serve Excess Telecom. The court cited federal law requiring the court to order Marshals Service assistance for a plaintiff proceeding without prepayment of fees.
The court instructed the Clerk of Court to issue a summons for Excess Telecom, complete a U.S. Marshals Service Process Receipt and Return form with the defendant’s address, and deliver the required paperwork to the Marshals Service. The opinion lists Excess Telecom’s service address as 12301 Wilshire Boulevard, Los Angeles, California 90025.
The court stated that the usual 90-day service period runs from the date the summonses are issued in this case. If the complaint is not served within 90 days after that date, Charles should request an extension of time. Charles must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.
Disposition
Judge Katherine Polk Failla ordered the Clerk to issue the summons, prepare the service form, and send the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Charles an information package. The order concerns service and case administration; it does not decide the merits of Charles’s claim under the Communications Act.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.