Acevedo v. Rakib
- Cathy Seibel
- 7:23-cv-07175
- U.S. District Court · Southern District of New York
- 8
In Acevedo v. Rakib, Judge Seibel ordered the Clerk to issue a summons and send service materials to the U.S. Marshals Service.
Dennis Acevedo, who may rely on the U.S. Marshals Service for service and may seek limited assistance from the NYLAG Pro Se Clinic; and Dr. Khondar Rakib, whom the Clerk was directed to serve.
What happened
Acevedo v. Rakib is Dennis Acevedo’s self-represented lawsuit against Dr. Khondar Rakib, a dentist at Sing Sing Correctional Facility. Acevedo alleges that Rakib denied him adequate dental care in violation of 42 U.S.C. § 1983.
The court had allowed Acevedo to proceed without paying filing fees upfront. Because of that permission, the court said Acevedo could rely on the court and the U.S. Marshals Service to serve Rakib. The order gave Acevedo 90 days after the summons is issued for service and explained that he should request more time if service is not completed.
Judge Cathy Seibel ordered the Clerk to issue the summons, complete the service paperwork, and send the necessary documents to the Marshals Service. She also referred Acevedo to the New York Legal Assistance Group’s clinic for possible limited legal assistance. The order did not decide whether Acevedo received inadequate dental care.
The detailed version
- Acevedo v. Rakib · No. 7:23-cv-07175
- Cathy Seibel
- Aug. 18, 2023
Background
Dennis Acevedo, who is incarcerated at Sing Sing Correctional Facility and is proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. He alleges that Dr. Khondar Rakib, identified as a dentist at Sing Sing Correctional Facility, denied him adequate dental care. The court had previously granted Acevedo permission to proceed without prepaying filing fees.
Service of Process
Because Acevedo was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve Rakib with the lawsuit. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons for Rakib, and provide the Marshals Service with the documents needed to make service.
The order stated that service generally must occur within 90 days after the complaint is filed, but Acevedo could not serve the summons and complaint until the court ordered that a summons be issued. The court therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, Acevedo should request an extension of time. The order also required him to notify the court in writing if his address changes and stated that the action could be dismissed if he fails to do so.
Legal Assistance Referral
The court referred Acevedo to the New York Legal Assistance Group’s Pro Se Clinic, a private organization that provides limited assistance to people representing themselves in civil cases in the Southern District of New York. The order explained that the clinic is not part of the court and that Acevedo would remain responsible for filing documents and other aspects of the case. The Clerk was directed to mail Acevedo an information package and the clinic’s materials.
Disposition and Scope of the Order
The court ordered the Clerk to issue the summons and send the service materials to the U.S. Marshals Service, referred Acevedo to the NYLAG Pro Se Clinic, and directed that an information package be mailed to him. The order addressed service and access to limited legal assistance; it did not decide the merits of Acevedo’s allegation about his dental care.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.