Holland v. Jackson
- Analisa Torres
- 1:23-cv-02119
- U.S. District Court · Southern District of New York
- 2
In Holland v. Jackson, Magistrate Judge Cott ordered Marshals to serve Jackson after an initial attempt failed because the provided address was no longer valid.
Cory Darnell Holland, Sr. and Curtis “50 Cent” Jackson; the order directs the Clerk of Court and the U.S. Marshals Service to attempt service on Jackson.
What happened
In Holland v. Jackson, Cory Darnell Holland, Sr., who is representing himself, sued Curtis “50 Cent” Jackson. Holland alleges that Jackson retaliated against him for filing an earlier lawsuit.
The U.S. Marshals Service tried to serve Jackson on June 2, 2023, but could not do so because the provided address was no longer valid. Holland later gave the court an updated address for Jackson.
Magistrate Judge Cott ordered the Clerk of Court to prepare the service form and summons and give the necessary papers to the Marshals Service so it could serve Jackson. The order also stated that Holland should ask for more time if service was not completed within 90 days after the summons was issued.
The detailed version
- Holland v. Jackson · No. 1:23-cv-02119
- Analisa Torres
- Aug. 21, 2023
Background
Cory Darnell Holland, Sr., who is proceeding without a lawyer, brought this action against Curtis “50 Cent” Jackson. Holland alleges that Jackson retaliated against him for filing an earlier lawsuit.
Holland had permission to proceed without paying the filing fee. In such cases, federal law and the court rules allow the plaintiff to rely on the court and the U.S. Marshals Service to serve the defendant. The Marshals Service attempted service on June 2, 2023, but could not serve Jackson because the address provided was no longer valid. Holland later provided an updated address.
Court’s action
Judge James L. Cott ordered the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Jackson. The Clerk was also ordered to issue a summons and provide the Marshals Service with the paperwork needed to serve Jackson.
The order stated that if the complaint was not served within 90 days after the summons was issued, Holland should request an extension of time for service. The opinion addresses service of process and does not decide the merits of Holland’s retaliation allegation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.