Crichlow v. Fischer
- Nelson Roman
- 7:12-cv-07774
- U.S. District Court · Southern District of New York
- 3
In Crichlow v. Fischer, Magistrate Judge Krause extended service deadlines and ordered paperwork for serving newly named defendants.
Kevin Crichlow, the newly named defendants Dr. Stolfl, D.D.S., Doris Barczak, Ada Perez, and Earl Hughes, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Crichlow v. Fischer, the court addressed service of the Second Amended Complaint on four newly named defendants: Dr. Stolfl, D.D.S., Doris Barczak, Ada Perez, and Earl Hughes. The opinion states that Crichlow was proceeding without a lawyer and without prepaying filing fees.
The court instructed the Clerk to prepare service paperwork and a summons for Dr. Stolfl so the U.S. Marshals Service could attempt service. Crichlow was also directed to mail the summons and complaint to the New York State Department of Corrections and Community Supervision. The court extended the deadline to complete service on all four defendants to December 5, 2022, and stated that service on Barczak through the Marshals Service could not occur until Crichlow provided her address.
The court warned that failing to complete proper service by the deadline could result in dismissal of claims against the affected defendant. Magistrate Judge Andrew E. Krause issued the order; it did not decide the underlying claims.
The detailed version
- Crichlow v. Fischer · No. 7:12-cv-07774
- Nelson Roman
- Sept. 6, 2022
Background
The court had previously allowed Kevin Crichlow to proceed without prepaying filing fees and later permitted him to file a Second Amended Complaint. That pleading added four defendants: Dr. Stolfl, D.D.S., Doris Barczak, Ada Perez, and Earl Hughes. The court had already issued an order concerning service on Perez and Hughes. After additional conferences and information from counsel for the New York State Attorney General’s Office, the court addressed the remaining service issues.
Order concerning service
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Dr. Stolfl, issue a summons, and provide the Marshals Service with the paperwork needed to attempt service at Green Haven Correctional Facility. Crichlow was also required to mail a copy of the summons and the Second Amended Complaint to the New York State Department of Corrections and Community Supervision.
The court extended the time for serving Dr. Stolfl until December 5, 2022, which was 90 days from the date of the order. It also memorialized its approval of Crichlow’s requested extension for serving Perez, Hughes, and Barczak. The order stated that service on Barczak through the Marshals Service could not occur until Crichlow provided her address. The deadline for service on all four newly named defendants was December 5, 2022. The court warned that failure to complete proper service by that deadline could result in dismissal of claims against the affected defendant.
Disposition and effect
This was an order managing and extending service of process, not a decision on the merits of Crichlow’s claims. The Clerk was directed to mail the order to Crichlow, who was proceeding without a lawyer. Magistrate Judge Andrew E. Krause issued the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.