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Dante Hyndman v. Small Business Administration — Motion for Issuance of Summons by U.S. Marshal’s Office

Summary

In Hyndman v. Small Business Administration, et al., Case 7:22-cv-04973-PMH, the United States District Court for the Southern District of New York, Judge Philip M. Halpern, issued an order dated October 24, 2022 on Plaintiff Dante Hyndman's motion for issuance of summons by the U.S. Marshal's Office. The Court denied the motion to the extent it asked for service on the United States Attorney General and the United States Attorney, who are not named defendants. It construed the filing as a request to extend time for service on the SBA, Isabel Guzman, Janet Yellen and the United States, granted that request, and extended the time 90 days from the date of the order.

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Issuer
SBA materials
Document type
Order
Case
Hyndman Sba Docket 63382675 Doc 10 Id 215784566 Order On Motion For Miscellaneous Relief

Cite this document

“Dante Hyndman v. Small Business Administration — Motion for Issuance of Summons by U.S. Marshal’s Office.” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/hyndman-sba-docket-63382675-doc-10-id-215784566-order-on-motion-for-miscellaneous-relief/, SHA-256 11c9352cc13217dc7c0b539612a74496e0841cd09c2c4a1aaddb36b45923e9a5.

Full text

               Case 7:22-cv-04973-PMH
       Case 7-22-cv-04973-PMH         Document
                                 Document       10in Filed
                                          9 Filed    NYSD  10/24/22 Page 1 ofPage
                                                            on 09/16/2022     1 1 of 1




                                       IN THE UNITED STATES DISTRICT COURT
                                           FOR THE SOUTHERN DISTRICT OF
                                                     NEWYORK

DANTE HYNDMAN

                       Plaintiff,

        v.

SMALL BUSINESS                                                                 22-cv-4973 (PMH)
ADMINISTRATION, et al.

                     Defendants




                     MOTION FOR ISSUANCE OF SUMMONS BY U.S. MARSHAL’S OFFICE

                Plaintiff hereby petitions the court pursuant FRCvP Rule 4(3) and U.S.C. § 1915 - having been

        granted leave by this court to proceed in forma pauperis, Plaintiff asks that the court order issuance of

        summons to be served on the named Defendants by serving the Defendants and serving additional

        summons upon the U.S Attorney General, Merrick Garland and the U.S Attorney for the State New York

        Southern District, by the U.S. Marshal’s Office.
Motion denied to the extent Plaintiff requests service of the summons and complaint on non-parties the United States
Attorney General and United States Attorney for the Southern District of New York, as Plaintiff has not named them as
defendants in this action and has not provided the Court any reason they should be joined in the action or that
summonses should otherwise issue to them.                   Respectfully submitted
The Court construes Plaintiff's letter as a request to extend the time for the United States Marshals to effectuate
service on defendants the United States Small Business Adminstration; Isabel Guzman, the Administrator of the SBA;
Janet Yellen, the Secretary of the Treasury; and the United  Dante  Hyndman
                                                                States of America via the United States Attorney for the
                                                             738  Pelhamdale
Southern District of New York pursuant to the Court's Order of Service (Doc.   Av 5), and grants same. The time to
effectuate service on the named defendants is extended, nunc New pro         for 90
                                                                        tunc,NY
                                                                   Rochele,         days from the date of this order. Plaintiff
                                                                                 10801
is reminded that it is his responsibility to request an extension of time for service if the complaint is not served within 90
                                                             914-215-2361
days of the date of this order. See Meilleur v. Strong, 682 prose
                                                             F.3d 56, 63 (2d Cir. 2012).

The Clerk of Court is respectfully requested to terminate the motion (Doc. 9) and to mail a copy of this Order to Plaintiff.


SO ORDERED.

_______________________
Philip M. Halpern
United States District Judge

Dated: White Plains, New York
       October 24, 2022

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