Carter v. Akinyombo

Background

James Anthony Carter, Jr., formerly incarcerated at Fishkill Correctional Facility, brought this self-represented lawsuit under 42 U.S.C. § 1983. He alleges that the defendants were deliberately indifferent to his serious medical needs. The defendants named in the Third Amended Complaint are Michelle Centanni, A. Akinyombo, K. Ngbodi, and M. Baby.

The court had previously allowed Carter to proceed without paying court fees in advance. That permission requires the court and the U.S. Marshals Service to assist with serving the defendants. The opinion notes that prisoners must still pay the full filing fee over time, even when granted this permission.

Service Ruling

Michelle Centanni had not yet been served. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and provide the Marshals Service with the documents needed to serve Centanni at the address listed in the order.

The court stated that Centanni must be served within 90 days after the summons is issued. If service is not completed within that period, Carter should request an extension of time. The order addresses service only; the opinion does not decide whether Carter’s medical-needs claims are legally or factually valid.

Disposition

The court entered an order directing the Clerk to mail the order to Carter and to arrange service through the U.S. Marshals Service. Judge Nelson S. Roman did not rule on the merits of the claims in this order.