Reyes v. Small Business Administration

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ISMAEL A. REYES, Plaintiff, -v.- Civ. 6765 (KPF) SMALL BUSINESS ADMINISTRATION; ISABEL GUZMAN, in her official capacity as ORDER OF SERVICE Administrator of the Small Business Administration, JANET YELLEN; and THE UNITED STATES OF AMERICA, Defendants.

KATHERINE POLK FAILLA, District Judge: Plaintiff, who is appearing pro se, brings this action asserting claims in connection with the United States Small Business Administration’s denial of his applications for programs created by the Coronavirus Aid, Relief, and Economic Stabilization Act (CARES Act), Pub. L. 116-136, § 1110, 134 Stat. 281 (Mar. 27, 2020): an Economic Injury Disaster Loan (EIDL) and an EIDL targeted advance grant.

By order dated August 12, 2022, the Court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees.

DISCUSSION To allow Plaintiff, who is proceeding in forma pauperis, to effect service on Defendants United States Small Business Administration (SBA), SBA Administrator Isabel Guzman, the United States of America, and Secretary of the Treasury Janet Yellen through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and “Check for service on U.S.A.”; and (2) issue a summons 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 United States.

It is Plaintiff’s responsibility to ensure that service is made within 90 days of the date the summons is issued and, if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). Plaintiff also must notify the Court in writing if Plaintiff’s address changes, and the Court may dismiss the action if Plaintiff fails to do so.

CONCLUSION The Clerk of Court is instructed to complete the USM-285 forms with the addresses for Defendants SBA, SBA Administrator Isabel Guzman, the United States of America, and Secretary of the Treasury Janet Yellen and deliver to the U.S. Marshals Service all documents necessary to effect service.

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).

DEFENDANTS AND SERVICE ADDRESSES United States Small Business Administration 3rd Street, SW Washington, DC 20416 Isabella Casillas Guzman Administrator United States Small Business Administration 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 Chambers Street, Third Floor New York, New York 10007 SO ORDERED.

Dated: October 18, 2022 New York, New York KATHERINE POLK FAILLA United States District Judge