Holland v. Jackson
- Analisa Torres
- 1:23-cv-02119
- U.S. District Court · Southern District of New York
- 2
In Holland v. Jackson, Judge Torres ordered Marshals service and set a 90-day period for serving the summons.
Cory Darnell Holland, Sr., and Curtis “50 Cent” Jackson; the order also directs the Clerk of Court and the U.S. Marshals Service to take steps to serve Jackson.
What happened
Cory Darnell Holland, Sr., who is representing himself, sued Curtis “50 Cent” Jackson, alleging retaliation for an earlier lawsuit. The court stated that it had jurisdiction based on the parties’ diversity of citizenship.
Holland had been allowed to proceed without paying filing fees in advance. Because of that status, the court ordered the Clerk to issue a summons, complete the required service form, and send the necessary papers to the U.S. Marshals Service.
Judge Torres ordered that service occur within 90 days after the summons is issued, and said Holland should request more time if service is not completed. The order did not decide whether Holland’s retaliation allegations were valid.
The detailed version
- Holland v. Jackson · No. 1:23-cv-02119
- Analisa Torres
- Mar. 22, 2023
Background
Cory Darnell Holland, Sr., proceeding without a lawyer, brought an action against Curtis “50 Cent” Jackson. Holland alleged that Jackson retaliated against him for filing an earlier lawsuit. The opinion states that the court’s subject-matter jurisdiction was based on diversity of citizenship under 28 U.S.C. § 1332.
Judge Laura Taylor Swain had previously granted Holland permission to proceed without prepaying filing fees. This status is commonly called proceeding in forma pauperis. The opinion explains that a plaintiff with this status may rely on the court and the U.S. Marshals Service to serve the defendant.
Order
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Jackson, issue a summons, and deliver the summons and other necessary paperwork to the U.S. Marshals Service so it could serve Jackson.
The court stated that if the complaint was not served within 90 days after the summons was issued, Holland should request an extension of time. The court also required Holland to notify it in writing if his address changed and warned that the action could be dismissed if he failed to do so. The Clerk was directed to mail Holland a copy of the order and an information package.
Disposition
This was an order concerning service of process. It did not decide the merits of Holland’s retaliation allegations or state whether his claims could ultimately proceed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.