Obah v. Equiliem Company
Obah v. Equiliem Company
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PATRICK C. OBAH, Plaintiff, 23-CV-9600 (JPO) -v- ORDER OF SERVICE EQUILIEM COMPANY, et al., Defendants. J. PAUL OETKEN, District Judge: Plaintiff brings this action pro se against two defendants, Equiliem Company and Ryan Persichilli, asserting that Defendants unlawfully discriminated against him. Equiliem entered an appearance through counsel on July 2, 2024. (ECF Nos. 17 & 18.) On November 1, 2023, the Court granted Obah’s application for leave to proceed in forma pauperis. (ECF No. 4.) The Court has since twice ordered the Marshals to attempt service on Defendants using addresses Obah provided. (See ECF Nos. 6, 15.) Persichilli has not been served or entered an appearance. On September 17, 2024, counsel for Equiliem informed the Court that Persichilli’s last known address in its records is 137 N. Meridian Street, Apt. 3, Tallahassee, Florida, 32301. (ECF Nos. 26; see also ECF No. 15 at 1 n.2.) Accordingly, the Clerk of Court is directed to issue a new summons for Defendant Ryan Persichilli, complete with the USM-285 form with the above address, and deliver to the U.S. Marshals Service all documents necessary to effect service. The Marshals are directed to attempt service of the Complaint upon Ryan Persichilli at that address. See
28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). Should service at that address be unsuccessful, the Court may dismiss all claims against Ryan Persichilli without prejudice pursuant to Federal Rule of Civil Procedure 4(m).! 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 1s denied for the purpose of an appeal. Cf Coppedge v. United States,
396 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff at the address designated on ECF. SO ORDERED. Dated: September 23, 2024 New York, New York
| J. PAUL OETKEN United States District Judge
' For good cause, the Court extends the time to serve Persichilli under Federal Rule of Civil Procedure 4(m) until ninety days after the date the new summons issues.
Reference
- Status
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