Samuels v. Small Business Administration
- John Cronan
- 1:23-cv-08000
- U.S. District Court · Southern District of New York
- 4
In Samuels v. Small Business Administration, Judge Cronan ordered the U.S. Marshals Service to serve the SBA after accepting Samuels’s second amended complaint.
Justin Samuels and the Small Business Administration; the Clerk of Court and U.S. Marshals Service were directed to take steps to serve the SBA.
What happened
In Samuels v. Small Business Administration, Justin Samuels, representing himself, sued the Small Business Administration over programs and contracts for women-owned businesses. He alleged discrimination based on sex under federal civil-rights laws, the Fifth Amendment, and the Tucker Act.
After an earlier complaint was dismissed for lack of standing with permission to file again, Samuels submitted a filing called a “Motion to Initiate Lawsuit.” The court treated that filing as his second amended complaint.
Judge Cronan ordered the Clerk of Court to issue a summons and prepare the paperwork for the U.S. Marshals Service to serve the SBA. The order addressed service and filing procedures; it did not decide the underlying discrimination claims.
The detailed version
- Samuels v. Small Business Administration · No. 1:23-cv-08000
- John Cronan
- June 14, 2024
Background
Justin Samuels, who was proceeding without a lawyer, sued the Small Business Administration under 42 U.S.C. § 1981, the Due Process and Equal Protection Clauses of the Fifth Amendment, and the Tucker Act, 28 U.S.C. §§ 1346 and 1491. He alleged that the SBA’s programs and contracts for women-owned businesses were unlawful discriminatory practices based on sex.
The court had previously granted Samuels permission to proceed without prepaying filing fees. On May 30, 2024, Chief Judge Laura Taylor Swain dismissed Samuels’s amended complaint for lack of standing but allowed him 30 days to file another complaint. On June 10, 2024, Samuels filed a submission titled “Motion to Initiate Lawsuit.” Judge Cronan construed that submission as Samuels’s second amended complaint.
Service of Process
Because Samuels had permission to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the SBA. The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the SBA, mark the form for service on the United States, issue a summons, and provide the Marshals Service with the order and other documents needed for service.
The court stated that the second amended complaint must be served within 90 days after the summons is issued. If service is not completed within that period, Samuels should request an extension of time. The court also directed Samuels to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Disposition
Judge John P. Cronan ordered the Clerk to issue the summons, complete the service form with the SBA’s address, mark the form for service on the United States, and deliver the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Samuels an information package. This order did not decide the merits of Samuels’s discrimination, constitutional, or Tucker Act claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.