Alhalemi v. City University of New York
- Lorna Schofield
- 1:24-cv-06975
- U.S. District Court · Southern District of New York
- 3
In Alhalemi v. City University of New York, Judge Schofield ordered the U.S. Marshals Service to serve the defendant.
Bashir Alhalemi and the City University of New York; the Clerk of Court and U.S. Marshals Service were directed to arrange service.
What happened
Bashir Alhalemi, who is representing himself, sued the City University of New York under the Americans with Disabilities Act, the Rehabilitation Act, and state law. The court had already allowed him to proceed without paying filing fees in advance.
Because Alhalemi was allowed to proceed without paying fees in advance, the court said he could rely on the U.S. Marshals Service to serve the defendant. The Clerk of Court was directed to issue the summons and provide the Marshals Service with the required paperwork.
Judge Lorna G. Schofield ordered the Clerk to arrange service and said the 90-day service period would run from the date the summons is issued. The order did not decide the merits of Alhalemi’s claims.
The detailed version
- Alhalemi v. City University of New York · No. 1:24-cv-06975
- Lorna Schofield
- Oct. 10, 2024
Background
Bashir Alhalemi, appearing without a lawyer, brought claims against the City University of New York under the Americans with Disabilities Act, the Rehabilitation Act, and state law. In an earlier order dated September 30, 2024, the court granted Alhalemi permission to proceed without prepaying filing fees.
Service of the Complaint
Because Alhalemi was proceeding without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendant. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons for the City University of New York, and deliver the necessary documents to the Marshals Service.
The court stated that the usual rule requiring service within 90 days of filing the complaint did not apply in the same way because Alhalemi could not obtain service before the court reviewed the complaint and ordered that summonses be issued. The court extended the service period to 90 days after the summons is issued. If service is not completed within that period, Alhalemi should request an extension of time. The order also required him to notify the court in writing if his address changes and stated that the action could be dismissed if he fails to do so.
Ruling
Judge Lorna G. Schofield ordered the Clerk to issue the summons, complete the service form with the defendant’s address, and provide the documents to the U.S. Marshals Service. The Clerk was also directed to mail Alhalemi an information package. This order concerns service of the case; it does not decide whether his claims are legally valid.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.