Castelan v. John
- Nelson Roman
- 7:22-cv-09326
- U.S. District Court · Southern District of New York
- 2
In Castelan v. John, Judge Roman ordered New York’s Attorney General to help locate an unserved defendant.
Christian Castelan, Shaun H. Kerr, the New York Attorney General’s Office, and the court’s service process were affected. The order required the Attorney General’s Office to provide information or an explanation so service on Kerr could proceed.
What happened
In Castelan v. John, the court addressed service of the complaint on three correctional-officer defendants. The court noted that Christian Castelan was representing himself and was entitled to help identifying a defendant.
Service had been accepted for Keenan A. John and Bermann Joseph, but an attempt to serve Shaun H. Kerr was unsuccessful. The court directed the New York Attorney General’s Office to provide Kerr’s address or explain why he could not be served.
Judge Nelson S. Roman ordered the Attorney General’s Office to respond by July 14, 2023. The clerk was also directed to mail Castelan a copy of the order and record that mailing on the docket.
The detailed version
- Castelan v. John · No. 7:22-cv-09326
- Nelson Roman
- July 12, 2023
Background
Christian Castelan filed this case against Correctional Officer Keenan A. John, Correctional Officer Shaun H. Kerr, and A-Block Sergeant Bermann Joseph. The opinion states that Castelan was representing himself. Under a prior appellate decision, the court explained that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant.
The court had previously ordered service on John, Kerr, and Joseph. The docket showed that service had been accepted on behalf of Keenan A. John and Berman Joseph. Service on Shaun H. Kerr was attempted by the U.S. Marshals Service but was returned unexecuted.
Order
The court directed the New York Attorney General’s Office to ascertain and provide an address for Shaun H. Kerr so that service could be completed, or to explain why Kerr could not be served. The office was ordered to do so by July 14, 2023. The clerk was directed to mail Castelan a copy of the supplemental order and record the mailing on the docket.
Disposition and Classification
This was a procedural order concerning service of process and assistance in identifying a defendant. It did not decide the underlying claims. Judge Nelson S. Roman issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.