Hyndman v. Small Business Administration

Opinion

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. 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 (Pun July 19, 2022 Philip M. Halpern United States District Judge

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