Anekwe v. Bernstein

Background

Peter Anekwe, who was incarcerated at the time of the order and was proceeding without a lawyer, brought an action under 42 U.S.C. § 1983. He alleges that Medical Director Frederick Bernstein and Medical Provider Albert Acrish violated his constitutional rights while he was incarcerated at Green Haven Correctional Facility.

The court had previously granted Anekwe permission to proceed without prepaying court fees. In such cases, federal law requires the court to direct the U.S. Marshals Service to serve the defendants.

Service of Process

Federal Rule of Civil Procedure 4 generally requires service of the summons and complaint within 90 days after the complaint is filed. The court explained that Anekwe could not have served the defendants before the court reviewed the complaint and ordered summonses to be issued. The court therefore extended the service period until 90 days after the summonses are issued.

The court stated that, if service is not completed within that period, Anekwe should request an extension of time. It also directed Anekwe to notify the court in writing if his address changes and warned that the action could be dismissed if he fails to do so.

Order

The court directed the Clerk of Court to issue summonses for Bernstein and Acrish, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed addresses, and deliver the necessary documents to the Marshals Service. The Clerk was also directed to mail Anekwe a copy of the order and an information package.

This was an order concerning service of process. It did not decide the merits of Anekwe’s constitutional claims.