Jackson v. Pagan

Background

Thomas Jackson, who was incarcerated at Clinton Correctional Facility when the order was issued, brought an action under 42 U.S.C. § 1983. He alleged that Sergeant E. Pagan violated the First Amendment by retaliating against him for filing grievances while he was confined at Sing Sing Correctional Facility.

The court had previously granted Jackson permission to proceed without prepaying filing fees. The order notes that prisoners must still pay the full filing fee over time under the applicable statute, even when granted this permission.

Service of the Lawsuit

Because Jackson was allowed to proceed without prepaying fees, he could rely on the court and the U.S. Marshals Service to serve Pagan. The court explained that Jackson could not have served the summons and complaint before the court reviewed the complaint and ordered that a summons be issued.

The court therefore extended the time for service until 90 days after the summons was issued. It stated that, if service was not completed within that period, Jackson should request an extension. The court also stated that the Marshals Service’s failure to serve the defendant may provide a basis for extending the deadline when the plaintiff has supplied the information needed to identify the defendant.

Order

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Sergeant E. Pagan, issue a summons, and deliver the required documents to the Marshals Service. The listed service address was Sing Sing Correctional Facility, 354 Hunter Street, Ossining, New York 10562.

The court also directed the Clerk to mail Jackson a copy of the order and an information package. Jackson was required to notify the court in writing if his address changed, and the order stated that the action could be dismissed if he failed to do so.

Judge Vincent L. Briccetti’s order addressed filing-fee status and service of process. It did not decide the merits of Jackson’s First Amendment retaliation claim.