Charles v. Unity Wireless

Background

Nicolas Alexander Napoleon Charles brought an action under Section 207 of the Communications Act, 47 U.S.C. § 207. He alleged that Unity Wireless and Assurance Wireless took actions that affected his ability to access internet services. Charles was proceeding without a lawyer.

In an order dated June 27, 2024, the court granted Charles permission to proceed without prepaying filing fees. Because he was proceeding without prepayment, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants.

Court’s Action

The court instructed the Clerk of Court to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and deliver the necessary documents to the U.S. Marshals Service for service.

The court explained that service must generally occur within 90 days after a complaint is filed, but extended Charles’s service period to 90 days after the summonses are issued because he could not arrange service until the court reviewed the complaint and ordered the summonses. If the complaint is not served within that period, Charles should request an extension of time. The court also directed Charles to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Disposition and Scope

Judge Katherine Polk Failla ordered the Clerk to issue the summonses and arrange service through the U.S. Marshals Service. The order also directed the Clerk to mail Charles an information package and a copy of the order. It did not resolve the merits of Charles’s Communications Act allegations or determine whether the defendants violated that law.