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Ezekwo v. Amer. Bd. of I. M

United States Court of Appeals, Second Circuit
Mar 26, 1999
173 F.3d 844 (2d Cir. 1999)

Summary

finding that plaintiff "failed to effect proper service" and noting that "'leave and mail' service under Section 308 is ineffective where a plaintiff does not file proof of service with the clerk within twenty days of the date on which the process server mailed the summons and complaint"

Summary of this case from Dunham v. Town of Riverhead

Opinion

No. 98-9047.

March 26, 1999.


Appeal from S.D.N.Y., 18 F.Supp.2d 271.

Decision without Published Opinion. Affirmed.


Summaries of

Ezekwo v. Amer. Bd. of I. M

United States Court of Appeals, Second Circuit
Mar 26, 1999
173 F.3d 844 (2d Cir. 1999)

finding that plaintiff "failed to effect proper service" and noting that "'leave and mail' service under Section 308 is ineffective where a plaintiff does not file proof of service with the clerk within twenty days of the date on which the process server mailed the summons and complaint"

Summary of this case from Dunham v. Town of Riverhead

upholding jury verdict denying liability for strip search where plaintiff acted in a "bizarre, irrational and belligerent" manner, commented that she was able to grab a gun on a nearby table, and returned to the courtroom twice against officers' orders and despite the judge's admonition that he would not issue a decision that day

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upholding jury verdict denying liability for strip search where plaintiff acted in a “bizarre, irrational and belligerent” manner, commented that she was able to grab a gun on a nearby table, and returned to the courtroom twice against officers' orders and despite the judge's admonition that he would not issue a decision that day

Summary of this case from Fate v. Charles

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noting that at the time of the events in question, "there was no Supreme Court or Second Circuit case (and there still is none) articulating a First Amendment right to possess materials that prison officials have seized in the interest of prison security"

Summary of this case from Wesolowski v. Sullivan

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dismissing plaintiff's §§ 1981, 1983, 1985 claims finding state agency is immune

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Case details for

Ezekwo v. Amer. Bd. of I. M

Case Details

Full title:EZEKWO v. AMERICAN BD. OF INTERNAL MEDICINE

Court:United States Court of Appeals, Second Circuit

Date published: Mar 26, 1999

Citations

173 F.3d 844 (2d Cir. 1999)

Citing Cases

Robinson v. City of Buffalo

Once a defendant raises a challenge to the sufficiency of service of process, the plaintiff bears the burden…

Dunham v. Town of Riverhead

N.Y. C.P.L.R. § 308(2). "The rule also requires that 'proof of such service [ ] be filed with the clerk of…