Wilks v. Barton
- Andrew Carter
- 7:25-cv-02598
- U.S. District Court · Southern District of New York
- 3
In Wilks v. Barton, Judge Carter granted fee-free status, ordered Marshals service, and denied fee-free appeal status.
The order directly affects Jesse-Benniette Wilks, III by allowing him to proceed without prepaying filing fees and directing service through the U.S. Marshals Service. It also directs the Clerk of Court and Marshals Service to issue and serve amended summonses on T.J. Barton and Sasso.
What happened
In Wilks v. Barton, Jesse-Benniette Wilks, III sued T.J. Barton and Sasso, identified as New York State troopers. The opinion does not describe the underlying claims.
The court allowed Wilks to proceed without paying filing fees in advance and directed the Clerk and U.S. Marshals Service to prepare and serve amended summonses. The court extended the service deadline to 90 days after the amended summonses are issued.
Judge Andrew L. Carter, Jr. granted Wilks’s pending request to proceed without prepaying fees, but denied that status for any appeal. The order also requires Wilks to notify the court of address changes.
The detailed version
- Wilks v. Barton · No. 7:25-cv-02598
- Andrew Carter
- July 7, 2025
Background
Jesse-Benniette Wilks, III brought this case against T.J. Barton and Sasso, identified in the caption as New York State troopers. The opinion does not explain the claims or the events underlying the lawsuit.
Court’s Actions
The court granted Wilks permission to proceed without prepaying filing fees under 28 U.S.C. § 1915. Because Wilks received that permission, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants.
The court directed the Clerk of Court to complete a U.S. Marshals Service process form, issue an amended summons for each defendant, and deliver the required documents to the Marshals Service. The court extended the service deadline to 90 days after the amended summonses are issued. If service is not completed by then, the order says Wilks should request more time. Wilks must also notify the court in writing if his address changes; the court may dismiss the case if he does not do so.
Disposition
Judge Andrew L. Carter, Jr. granted the pending motion for permission to proceed without prepaying fees at ECF No. 8. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order concerns filing-fee status and service; it does not decide the underlying claims.
Service Information
The order lists the service address for both defendants as NYSP Troop F Headquarters, 55 Crystal Run Road, Middletown, New York, 10941.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.