Robertson v. Fluerinord
- John Koeltl
- 1:23-cv-04977
- U.S. District Court · Southern District of New York
- 3
In Robertson v. Fluerinord, Judge Koeltl ordered the U.S. Marshals Service to serve newly identified Officer John Theos in Robertson’s civil-rights case.
Dale Robertson, Officer John Theos, the Clerk of Court, and the U.S. Marshals Service.
What happened
Dale Robertson, who is representing himself, sued Jacqueline Fluerinord and others under a federal civil-rights law. He had permission to proceed without paying court fees and amended his complaint to add Officer John Theos after learning Theos’s identity from a government response.
The court instructed the Clerk of Court to prepare the paperwork and summons needed for the U.S. Marshals Service to serve Officer Theos. The court also said Robertson should request more time if service is not completed within 90 days after the summons is issued, and that he must notify the court of any address change.
In Robertson v. Fluerinord, Judge John G. Koeltl entered an order directing service; the opinion did not decide the underlying claims.
The detailed version
- Robertson v. Fluerinord · No. 1:23-cv-04977
- John Koeltl
- Jan. 9, 2024
Background
Dale Robertson, appearing without a lawyer, brought an action under 42 U.S.C. § 1983. The court had previously allowed him to proceed without prepaying filing fees. On January 5, 2024, Robertson filed an amended complaint adding Officer John Theos as a defendant. A footnote explains that Robertson identified Theos after receiving the individual’s identity in a government response to an order seeking help identifying a defendant.
Service of Process
Because Robertson was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Officer Theos, issue a summons, and provide the Marshals Service with the paperwork needed to complete service. The listed service address was Officer John Theos, Shield No. 9411, 84th Precinct, Warrant Section, 300 Gold Street, Brooklyn, New York 11201.
Other Instructions and Disposition
The court stated that if the complaint was not served within 90 days after the summonses were issued, Robertson should request an extension of time. It also required Robertson to notify the court in writing if his address changes and warned that the court may dismiss the action if he fails to do so. Judge John G. Koeltl entered an order directing service; the order did not resolve the merits of Robertson’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.