Iosilevich v. Walmart Inc.
- Vincent Briccetti
- 7:22-cv-04757
- U.S. District Court · Southern District of New York
- 3
In Iosilevich v. Walmart, Judge Briccetti ordered the U.S. Marshals Service to serve John T. Reicherter and denied fee-free status for an appeal.
The order directly affects Ilya Feliksovich Iosilevich, defendant John T. Reicherter, the Clerk, and the U.S. Marshals Service. It also denies Iosilevich fee-free status for an appeal from this order.
What happened
Iosilevich v. Walmart, Inc. concerns Ilya Feliksovich Iosilevich’s constitutional-rights claims under 42 U.S.C. § 1983. He represented himself and was proceeding without paying filing fees.
The court had previously directed the U.S. Marshals Service to serve several defendants. After the New York Attorney General provided an updated address for defendant John T. Reicherter, the court ordered the Clerk to prepare the service paperwork and send it to the Marshals Service.
Judge Vincent L. Briccetti also ruled that any appeal from this order would not be taken in good faith and denied fee-free status for an appeal. The order required Iosilevich to report any address change and warned that the case could be dismissed if he failed to do so.
The detailed version
- Iosilevich v. Walmart Inc. · No. 7:22-cv-04757
- Vincent Briccetti
- Nov. 10, 2022
Background
Ilya Feliksovich Iosilevich brought claims under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by people acting under state law. The opinion states that Iosilevich was representing himself and proceeding without paying filing fees.
Iosilevich filed the complaint on June 7, 2022. On July 6, 2022, the court entered an amended order of service directing the U.S. Marshals Service to serve Walmart, Inc., Joseph Negron, John T. Reicherter, Kevin P. Bruen, and Westchester County. On October 20, 2022, the court directed the Office of the New York State Attorney General to find an updated address where Reicherter could be served. The Attorney General provided that address in a November 9, 2022 letter.
Ruling
The court instructed the Clerk to complete a U.S. Marshals Service process receipt and return form for John T. Reicherter, issue a summons listing him, and send the necessary paperwork to the Marshals Service so it could attempt service at the address listed in the order’s appendix.
Judge Vincent L. Briccetti certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied Iosilevich permission to proceed without paying fees for an appeal. The court also required Iosilevich to notify it in writing if his address changed and stated that the action might be dismissed if he failed to do so.
This order concerns service of the case and appeal-related fee status. The opinion does not decide the merits of Iosilevich’s constitutional-rights claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.