Jahad v. Holder
- Nelson Roman
- 7:19-cv-04066-NSR
- U.S. District Court · Southern District of New York
- 3
In Jahad v. Holder, Judge Roman ordered corrected service papers for Jonathan Holder after records clarified the defendant’s name.
Shakur Jahad, Jonathan Holder, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Jahad v. Holder, Shakur Jahad, who is representing himself while incarcerated, sued medical doctors under a federal civil-rights law, identifying one defendant as E. Holder. Service on that defendant failed.
The New York State Attorney General’s Office reviewed Jahad’s medical records and told the court that the defendant’s correct name was Jonathan Holder, a private physician. The court ordered the Clerk to update the case caption, issue a summons, and provide the U.S. Marshals Service with the papers and address needed to serve Holder.
Judge Nelson S. Roman also stated that Jahad must ensure service within 90 days after the summons is issued, request more time if needed, and notify the court of any address change. The order addressed service and did not decide the underlying constitutional claims.
The detailed version
- Jahad v. Holder · No. 7:19-cv-04066-NSR
- Nelson Roman
- Dec. 9, 2019
Background
Shakur Jahad filed this case representing himself under 42 U.S.C. § 1983, alleging that the defendants were violating his constitutional rights. The complaint identified one defendant as “E. Holder, Medical Doctor—Arthroscopic Surgeon.” The court had previously directed the U.S. Marshals Service to help serve all defendants, but service on E. Holder was returned unsuccessful.
The court then directed the New York State Office of the Attorney General to determine the defendant’s correct name and address. The office first reported that no physician named Holder was employed by the New York State Department of Corrections and Community Supervision. After reviewing Jahad’s medical records, it reported that the correct name was Jonathan Holder and that he was a private physician.
Order
The court ordered the Clerk to prepare a U.S. Marshals Service process form for Jonathan Holder, issue a summons, and give the Marshals Service the paperwork necessary to serve him. The order listed Holder’s service address as 170 Maple Avenue #109, White Plains, New York 10601.
The court also ordered the docket and case caption changed to substitute “Jonathan Holder” for “E. Holder.” It stated that Jahad was responsible for ensuring service within 90 days after the summons was issued and for requesting an extension if necessary. Jahad was also required to notify the court in writing if his address changed; the court stated that failing to do so could result in dismissal.
Disposition and scope
This was a supplemental service order. It did not resolve whether Jahad’s constitutional claims were valid, and it did not enter judgment on those claims. Judge Nelson S. Roman directed the Clerk and Marshals Service to facilitate service on the correctly identified defendant.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.