Abdullah v. NYPD 30th Precinct
- Garnett
- 1:24-cv-00137
- U.S. District Court · Southern District of New York
- 5
In Abdullah Abdul Haqq v. Sergeant Smith, Judge Garnett ordered Marshals Service service after allowing plaintiff to proceed without upfront fees.
Plaintiff Abdullah Abdul Haqq and the four named defendants are affected: the Clerk and U.S. Marshals Service must arrange service, and plaintiff must meet the service deadline and keep the court informed of address changes.
What happened
Abdullah Abdul Haqq v. Sergeant Smith involves an amended complaint alleging that four defendants violated plaintiff’s rights. The court treated the complaint as raising constitutional claims under a federal civil-rights law and state-law claims. Plaintiff is representing himself.
The court had already allowed plaintiff to proceed without paying court fees upfront. Because of that, the court directed the Clerk of Court to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve Randy Delgado, M. Ducasse, Sergeant Smith, and Edwardo Chandradeo.
Judge Margaret M. Garnett ordered the Clerk to send the documents to the Marshals Service and to mail plaintiff an information package. The order states that service must occur within 90 days after the summonses are issued, and that plaintiff should request more time if needed. The order did not decide whether plaintiff’s claims are valid.
The detailed version
- Abdullah v. NYPD 30th Precinct · No. 1:24-cv-00137
- Garnett
- Apr. 8, 2024
Background
Abdullah Abdul Haqq filed an amended complaint against Sergeant Smith, Lieutenant Edwardo Chandradeo, P.O. Randy Delgado, and P.O. M. Ducasse. The opinion states that plaintiff is representing himself and that the court construes the amended complaint as asserting constitutional claims under 42 U.S.C. § 1983, a federal civil-rights statute, as well as state-law claims. The amended complaint became the operative pleading after Chief Judge Laura Taylor Swain directed plaintiff to correct deficiencies in the original complaint.
The court had previously granted plaintiff permission to proceed without prepaying filing fees. In such cases, federal law and the court rules require the court to direct the U.S. Marshals Service to serve the defendants.
Order
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and provide the Marshals Service with the documents needed to complete service. The order identifies the defendants and service addresses as Randy Delgado #12464, M. Ducasse #97-2617, Sergeant Smith, and Edwardo Chandradeo #941717, each at 451 W. 151 Street, New York, New York 10031.
The amended complaint must be served within 90 days after the summonses are issued. If service is not completed within that period, the opinion states that plaintiff should request an extension of time. Plaintiff must also notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so.
Disposition and Effect
The court entered an order of service. It directed the Clerk to issue the summonses, complete the service forms, and deliver the necessary documents to the Marshals Service. It also directed the Clerk to mail plaintiff an information package. The opinion does not decide the merits of plaintiff’s constitutional or state-law claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.