Obah v. Department of Probation

Background

Patrick Obah, proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and, as the court construed the complaint, the New York City Human Rights Law. Obah alleges that the Department of Probation discriminated against him because of his race, color, and national origin.

The court had previously granted Obah permission to proceed without prepaying filing fees. The opinion refers to the defendant in the caption as the Department of Probation and, in the service instructions, as the New York City Department of Probation.

Order

Because Obah was permitted to proceed without prepaying fees, the court ordered the Clerk of Court and the U.S. Marshals Service to assist with service of the complaint. The Clerk was directed to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form, and provide the Marshals Service with the documents needed to serve the defendant.

The court extended the service deadline so that the 90-day period begins when the summons is issued, rather than when the complaint was filed. If service is not completed within those 90 days, Obah should request an extension of time. The court also stated that Obah must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.

Disposition and significance

The court entered an order of service and directed the Clerk to mail Obah an information package, issue the summons, and provide the service materials to the Marshals Service. The order addressed only the mechanics of serving the defendant; it did not rule on the merits of Obah’s discrimination claims.