Holland v. Jackson
- Analisa Torres
- 1:23-cv-02119
- U.S. District Court · Southern District of New York
- 2
In Holland v. Jackson, Judge Cott ordered Holland to provide a service address within 30 days or face a recommended dismissal without prejudice.
The order affects Cory Darnell Holland, who must provide a valid service address for Curtis “50 Cent” Jackson within 30 days. If he does not comply without showing good cause, the court may receive a recommendation to dismiss the complaint without prejudice. Jackson’s service remains incomplete unless a usable address is provided.
What happened
In Holland v. Jackson, Cory Darnell Holland, Sr. sued Curtis “50 Cent” Jackson. The U.S. Marshals Service tried to serve Jackson but could not do so because the address provided was no longer valid.
Because Holland had permission to proceed without paying filing fees in advance, he could rely on the court and the Marshals Service to serve Jackson. The court directed Holland to provide, within 30 days, an address where Jackson could be served.
Judge Cott stated that, if Holland did not comply and could not show a good reason for the failure, he would recommend that the complaint be dismissed without prejudice. No dismissal was entered in this order.
The detailed version
- Holland v. Jackson · No. 1:23-cv-02119
- Analisa Torres
- Aug. 17, 2023
Background
Holland brought this case against Jackson. Judge Torres referred the case to Magistrate Judge James L. Cott for general pretrial supervision. Holland had been granted permission to proceed without paying filing fees in advance.
The U.S. Marshals Service attempted service on Jackson on June 2, 2023, but could not complete service because the address Holland provided was no longer valid.
Order
The court explained that a plaintiff permitted to proceed without prepaying fees may rely on the court and the Marshals Service to carry out service. Because Holland had not provided another address where Jackson could be served, the court directed Holland to provide such an address within 30 days.
After receiving the address, the court stated that it would direct the issuance of a summons and service by the Marshals Service. If Holland failed to comply within the allowed time and could not show good cause—a legally sufficient reason—for the failure, Judge Cott stated that he would recommend dismissing the complaint without prejudice. The order did not itself dismiss the complaint.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.