Akinlawon v. Polanco
- Kenneth Karas
- 7:21-cv-02621
- U.S. District Court · Southern District of New York
- 2
Akinlawon v. Polanco: Magistrate Judge Krause ordered service of the complaint on two defendants and required discovery.
Plaintiff Ayotunji Akinlawon; defendants Correction Officer Roderick A. Robinson and Dr. John Morley; and the Clerk of Court and U.S. Marshals Service.
What happened
In Akinlawon v. Polanco, the court addressed service of the amended complaint on Correction Officer Roderick A. Robinson and Dr. John Morley. The plaintiff had previously been allowed to proceed without paying court fees in advance.
The court instructed the Clerk of Court to prepare service forms, issue summonses, and give the necessary paperwork to the U.S. Marshals Service. The plaintiff must ensure service within 90 days after the summonses are issued, or request more time. The identified defendants must also provide discovery required by Local Civil Rule 33.2 within 120 days after service.
Magistrate Judge Andrew E. Krause directed the Clerk to mail the order to the plaintiff, who was identified as representing himself. The order did not decide the underlying claims.
The detailed version
- Akinlawon v. Polanco · No. 7:21-cv-02621
- Kenneth Karas
- Feb. 23, 2024
Background
The court had previously allowed Plaintiff Ayotunji Akinlawon to proceed without prepaying court fees. This order concerns service of the amended complaint on Correction Officer Roderick A. Robinson and Dr. John Morley through the U.S. Marshals Service.
Service instructions
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each identified defendant. The Clerk was also directed to issue summonses and provide the Marshals Service with the paperwork needed to serve the summonses and the complaint, as amended.
The order states that Plaintiff is responsible for ensuring service within 90 days after the summonses are issued. If service is not completed within that period, Plaintiff should request an extension of time.
Discovery and mailing
The court directed the identified defendants to comply with Local Civil Rule 33.2 and provide the discovery required by that rule within 120 days after service of the complaint. The Clerk was directed to mail a copy of the order to Plaintiff, who is proceeding without a lawyer.
Disposition
This was an order concerning service and discovery. It did not decide the merits of Plaintiff’s claims. Magistrate Judge Andrew E. Krause issued the instructions.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.