Order of Service: To allow Plaintiff to effect service on Defendants — No. 7:22-cv-04973 (Dkt. 5, S.D.N.Y.)

Summary

An Order of Service in Dante Hyndman v. Small Business Administration, et al., 22-CV-4973 (PMH), in the U.S. District Court for the Southern District of New York, dated July 19, 2022 and filed as Document 5 by United States District Judge Philip M. Halpern. The order describes the pro se action as seeking review under the Administrative Procedure Act, 5 U.S.C. §§ 702, 703, of the SBA's denial of a COVID-19 Economic Injury Disaster Loan, and notes that by order dated July 14, 2022 the plaintiff was granted leave to proceed in forma pauperis. It extends the time to serve until 90 days after summonses are issued. It directs the Clerk of Court to issue summonses for the SBA, Guzman, Yellen and the United States and to deliver USM-285 forms to the U.S. Marshals Service for service.

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Cite this document

“Order of Service: To allow Plaintiff to effect service on Defendants — No. 7:22-cv-04973 (Dkt. 5, S.D.N.Y.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-of-service-to-allow-plaintiff-to-effect-service-on-defendants-no-3731868014/, SHA-256 9f60b2eb84ecfe636f2b3df7b1a013c5111761fab19759168ccdf88dafa60a03.

Full text

Case 7:22-cv-04973-PMH Document 5 Filed 07/19/22 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

DANTE HYNDMAN,

Plaintiff,

-against-
ORDER OF SERVICE
SMALL BUSINESS ADMINISTRATION;
ISABEL GUZMAN, in her official capacity as 22-CV-4973 (PMH)
Administrator of the Small Business
Administration; JANET YELLEN, in her official
capacity as Secretary of the Treasury; and the
UNITED STATES OF AMERICA,

Defendants.

PHILIP M. HALPERN, United States District Judge:

Plaintiff, appearing pro se, brings this action under the Administrative Procedure Act, 5

U.S.C. §§ 702, 703, seeking review of the Small Business Administration’s (“SBA”) decision to

deny him a COVID-19 Economic Injury Disaster Loan, a program created by the Coronavirus Aid,

Relief, and Economic Security Act. By order dated July 14, 2022, the Court granted Plaintiff’s

request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.

DISCUSSION

Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the

Court and the U.S. Marshals Service to effect service. 1 Walker v. Schult, 717 F.3d. 119, 123 n.6

(2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all

process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to

serve if the plaintiff is authorized to proceed IFP)).

1
Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that summonses be served
within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served
summonses and the complaint until the Court reviewed the complaint and ordered that summonses be
issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued.
Case 7:22-cv-04973-PMH Document 5 Filed 07/19/22 Page 2 of 3

To allow Plaintiff to effect service on Defendants SBA; Isabel Guzman, the Administrator

of the SBA; Janet Yellen, the Secretary of the Treasury; and the United States of America through

the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service

Process Receipt and Return form (“USM-285 form”) for each of these Defendants. The Clerk of

Court is further instructed to: (1) mark the box on the USM-285 form labeled “Check for service

on U.S.A.”; and (2) issue summonses and deliver to the Marshals Service a copy of this order and

all other paperwork necessary for the Marshals Service to effect service on the Defendants.

If the complaint is not served within 90 days after the date the summonses are issued,

Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63

(2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for

service).

Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss

the action if Plaintiff fails to do so.

CONCLUSION

The Clerk of Court is instructed to (1) issue summonses for the SBA, Guzman, Yellen, and

the United States; (2) complete the USM-285 forms with the addresses for each defendant;

(3) mark the box on the USM-285 forms labeled “Check for service on U.S.A.”; and (4) deliver to

the U.S. Marshals Service all documents necessary to effect service on Defendants.

The Clerk of Court is further directed to mail an information package to Plaintiff.

SO ORDERED:

Dated: White Plains, New York
July 19, 2022 ____________________________
Philip M. Halpern
United States District Judge

2
Case 7:22-cv-04973-PMH Document 5 Filed 07/19/22 Page 3 of 3

DEFENDANTS AND SERVICE ADDRESSES

United States Small Business Administration
409 3rd Street, SW
Washington, DC 20416

Isabella Casillas Guzman
Administrator
United States Small Business Administration
409 3rd Street, SW
Washington, DC 20416

Janet Yellen
Secretary of the Treasury
United States Department of the Treasury
1500 Pennsylvania Avenue
Washington, DC 20220

United States of America
United States Attorney, Southern District of New York
Civil Division
86 Chambers Street, Third Floor
New York, New York 10007

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