Fredricks v. Correction Officer John Doe
- Sarah Cave
- 1:21-cv-08389
- U.S. District Court · Southern District of New York
- 4
In Fredricks v. Desrochas, Judge Cave ordered the Marshals to serve Dr. Desrochas and denied appeal-related fee-free status.
Nigel Fredricks, Dr. Lionel Desrochas, the other named individual defendants, the Clerk of Court, and the U.S. Marshals Service; the order primarily addressed service of the second amended complaint on Dr. Desrochas.
What happened
Nigel Fredricks, who is representing himself and has permission to proceed without paying filing fees, filed a second amended complaint against Dr. Lionel Desrochas, Captain Lemon, Correction Officer White, Jr., and Correction Officer Ritter. The opinion does not describe the underlying claims.
The City waived service for the individual defendants except Dr. Desrochas because the relevant physician-affiliate organization could not waive service for its employees. The court therefore directed the Clerk to prepare a summons and the necessary paperwork for the U.S. Marshals Service to deliver the second amended complaint to Dr. Desrochas.
The court extended the service period to 90 days after the summons is issued and instructed Fredricks to request more time if service is not completed. Judge Cave also denied fee-free status for any appeal, certifying that an appeal would not be taken in good faith, and directed the Clerk to mail Fredricks a copy of the order.
The detailed version
- Fredricks v. Correction Officer John Doe · No. 1:21-cv-08389
- Sarah Cave
- Feb. 29, 2024
Background
Nigel Fredricks filed a second amended complaint naming Dr. Lionel Desrochas, Captain Lemon, Correction Officer White, Jr., and Correction Officer Ritter as defendants in their individual capacities. The opinion states that Fredricks is representing himself and had been granted permission to proceed without paying filing fees. The opinion does not state what legal claims the second amended complaint asserts.
The court had directed counsel for the City of New York to confirm which individual defendants the City represented and whether service could be waived. The City filed a waiver of service for all the individual defendants except Dr. Desrochas. The City stated that the Physician Affiliate Group of New York could not waive service on behalf of its employees.
Order
Because Fredricks was proceeding without paying filing fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the lawsuit papers. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Dr. Desrochas, issue a summons, and provide the Marshals with the documents needed to serve the second amended complaint. The court specified that both documents treated as the second amended complaint—ECF Nos. 34 and 36—must be served.
The court extended the service deadline to 90 days after the summons is issued, rather than 90 days after the complaint was filed. It stated that Fredricks should request an extension if service is not completed within that period. The court also instructed Fredricks to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.
Disposition
This was an order concerning service of process, not a decision on the merits of Fredricks's claims. The court directed the Clerk and the U.S. Marshals Service to proceed with service on Dr. Desrochas. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The Clerk was directed to mail Fredricks a copy of the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.