Anekwe v. Bernstein
- Loretta Preska
- 1:21-cv-11108
- U.S. District Court · Southern District of New York
- 2
In Anekwe v. Bernstein, Judge Preska ordered New York’s Attorney General to find Bernstein’s service address so the pro se plaintiff could be served.
Peter Anekwe, Frederick Bernstein, the New York State Attorney General, the Clerk of Court, and the U.S. Marshals Service.
What happened
Peter Anekwe, who is incarcerated and represents himself, sued Frederick Bernstein and Albert Acrish. The opinion does not describe the underlying claims.
Anekwe could not provide a current address for Bernstein, and attempts to serve Bernstein at Green Haven Correctional Facility were unsuccessful. The court ordered the New York State Attorney General to find an address where Bernstein could be served and provide it to Anekwe and the court within 30 days.
The order did not decide the merits of Anekwe’s claims. Judge Loretta A. Preska stated that, after receiving the address, the court would direct the Clerk of Court to prepare service forms and send the necessary documents to the U.S. Marshals Service.
The detailed version
- Anekwe v. Bernstein · No. 1:21-cv-11108
- Loretta Preska
- Dec. 15, 2022
Background
Peter Anekwe, who is incarcerated at Fishkill Correctional Facility, brought this action without a lawyer against Frederick Bernstein, identified as the former Medical Director of Green Haven Correctional Facility’s medical department, and Albert Acrish, identified as a medical provider. The court had previously granted Anekwe permission to proceed without paying the filing fee.
Service Issue
Anekwe was unable to provide a current address for Bernstein. Attempts to serve Bernstein were unsuccessful because he was not located at Green Haven Correctional Facility. The court cited the rule that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant.
Order
The court ordered the New York State Attorney General to determine the addresses where Bernstein could be served and provide that information to Anekwe and the court within 30 days. After receiving the information, the court stated that it would direct the Clerk of Court to complete the required service forms with Bernstein’s address and deliver the documents needed for service to the U.S. Marshals Service. The order addressed service assistance only and did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.