Fredricks v. NINAMARIE FOLLACARO
- George Daniels
- 1:21-cv-00553
- U.S. District Court · Southern District of New York
- 3
In Fredricks v. Follacaro, Judge Cott ordered U.S. Marshals service for the pro se plaintiff’s dental-treatment lawsuit and extended the service deadline.
The order directly affects Nigel Naquan Fredericks, Defendant Ninamarie Follacaro, the Clerk of Court, and the U.S. Marshals Service. It permits service of Fredericks’s lawsuit through the Marshals Service but does not resolve the underlying dental-treatment claim.
What happened
In Fredricks v. Follacaro, Nigel Naquan Fredericks, who is incarcerated, brought a lawsuit without a lawyer under a federal civil-rights law, alleging that he was denied adequate dental treatment. The court had already allowed him to proceed without paying filing fees upfront.
Because Fredericks was allowed to proceed without paying fees, the court said the U.S. Marshals Service would handle service of the lawsuit. The court extended the service deadline until 90 days after the summons is issued and directed the Clerk of Court to prepare the required form, issue the summons, and send the necessary papers to the Marshals Service.
The court also directed Fredericks to notify the court if his address changes and warned that the case may be dismissed if he does not do so. Magistrate Judge James L. Cott issued the order of service; the order did not decide whether the dental-treatment allegation was valid.
The detailed version
- Fredricks v. NINAMARIE FOLLACARO · No. 1:21-cv-00553
- George Daniels
- Aug. 25, 2021
Background
Nigel Naquan Fredericks, who was incarcerated in the George R. Vierno Center on Rikers Island, filed this lawsuit without a lawyer under 42 U.S.C. § 1983. He alleged that Defendant Ninamarie Follacaro denied him adequate dental treatment. The court had previously granted Fredericks permission to proceed without paying filing fees upfront.
Service of the lawsuit
Because Fredericks was permitted to proceed without paying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendant. The court extended the normal service period until 90 days after the summons is issued, because Fredericks could not serve the summons and complaint before the court reviewed the complaint and ordered a summons issued.
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form with Follacaro’s service address, issue a summons, and deliver the necessary documents to the Marshals Service. The order identifies the service address as Correctional Health Services, 19-10 49th Street, Astoria, New York 11105, care of Dr. Andrew Koukoulasr or Mrs. Nicole Mahabir.
Other instruction and effect
Fredericks was instructed to notify the court in writing if his address changes. The court stated that the action may be dismissed if he fails to do so. The order concerns service and case administration; it does not decide the merits of Fredericks’s dental-treatment claim or state whether Follacaro is liable.
Disposition
The Clerk of Court was instructed to complete the service form, issue the summons, and provide the documents to the U.S. Marshals Service. The Clerk was also directed to mail Fredericks a copy of the order and record that mailing on the docket. Magistrate Judge James L. Cott signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.