Crawford v. Iccari
- Nelson Roman
- 7:22-cv-01469
- U.S. District Court · Southern District of New York
- 3
In Crawford v. Iccari, Judge Roman ordered service of Crawford’s amended complaint through the Marshals after permission to proceed without prepaying fees.
Clifton Crawford, Anna Iccari, the Clerk of Court, and the U.S. Marshals Service.
What happened
Crawford v. Iccari concerns Clifton Crawford’s damages lawsuit under a federal civil-rights law against Anna Iccari, an Offender Rehabilitation Coordinator at Fishkill Correctional Facility. Crawford is incarcerated and is representing himself.
The court had already allowed Crawford to proceed without prepaying court fees. Because of that permission, the court directed the Clerk to issue a summons and prepare the paperwork needed for the U.S. Marshals Service to serve Iccari. The court extended the service deadline to 90 days after the summons is issued.
Judge Nelson S. Roman also directed the Clerk to mail Crawford an information package and warned Crawford to report any address change. The order did not decide whether Crawford’s claims are legally valid.
The detailed version
- Crawford v. Iccari · No. 7:22-cv-01469
- Nelson Roman
- June 15, 2022
Background
Clifton Crawford, who is incarcerated at Fishkill Correctional Facility and is proceeding without a lawyer, filed an action under 42 U.S.C. § 1983 seeking damages from Anna Iccari, identified as an Offender Rehabilitation Coordinator at Fishkill. The court had previously granted Crawford permission to proceed without prepaying filing fees.
Order on Service
Because Crawford was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendant. The court directed the Clerk of Court to issue a summons for Iccari, complete a U.S. Marshals Service Process Receipt and Return form with Iccari’s service address, and send the Marshals Service the documents needed to serve the summons and Crawford’s amended complaint.
The court explained that Crawford could not have served the summons and amended complaint until the court reviewed the amended complaint and ordered a summons issued. It therefore extended the service deadline to 90 days after the summons is issued. The court stated that Crawford should request more time if the amended complaint is not served within that period. It also noted that incarcerated plaintiffs remain responsible for paying the full filing fee even when permitted to proceed without prepaying it.
Disposition
The court directed service of the amended complaint on Iccari and directed the Clerk to mail Crawford an information package. It also required Crawford to notify the court in writing of any address change and stated that the action may be dismissed if he fails to do so. Judge Nelson S. Roman’s order addressed service and filing-fee procedures; it did not decide the merits of Crawford’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.