Obah v. Department of Education
- Vargas
- 1:24-cv-07203
- U.S. District Court · Southern District of New York
- 3
In Obah v. Department of Education, Judge Vargas ordered Marshals service of the amended discrimination complaint after Obah received permission to proceed without fees.
Patrick Obah, the New York City Department of Education, the Clerk of Court, and the U.S. Marshals Service.
What happened
Patrick Obah, representing himself, alleges that the New York City Department of Education discriminated against him because of his race and national origin, violating federal, New York State, and New York City laws. The court had allowed him to proceed without prepaying fees.
Because Obah is proceeding without prepaying fees, the court said the U.S. Marshals Service must serve the Department of Education. The clerk was directed to issue a summons, complete the required service form, and provide the Marshals Service with the documents needed for service.
Judge Jeannette A. Vargas ordered the clerk to arrange service and mail Obah an information package. The order also stated that service should occur within 90 days after the summons is issued, that Obah may request more time if needed, and that he must notify the court if his address changes.
The detailed version
- Obah v. Department of Education · No. 1:24-cv-07203
- Vargas
- Feb. 24, 2025
Background
Patrick Obah, proceeding without a lawyer, filed an amended complaint against the New York City Department of Education. He alleges discrimination based on race and national origin under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.
An earlier order dismissed the original complaint but allowed Obah to file an amended complaint. Obah filed the amended complaint on February 10, 2025, and it became the operative pleading. The court had also granted him permission to proceed without prepaying filing fees.
Service of the Complaint
The court explained that a plaintiff permitted to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendant. The court extended the service deadline so that the 90-day period would begin when the summons was issued, rather than when the complaint was filed.
The court directed the clerk to complete a U.S. Marshals Service Process Receipt and Return form for the Department of Education, issue a summons, and deliver the necessary paperwork to the Marshals Service. The service address listed in the order is the New York City Department of Education at 1230 Zerega Avenue, Bronx, New York 10456.
Ruling
Judge Jeannette A. Vargas ordered the clerk to issue the summons, complete the service form, and deliver the documents to the Marshals Service for service on the Department of Education. The court stated that if the amended complaint is not served within 90 days after the summons is issued, Obah should request an extension of time. It also required him to notify the court in writing if his address changes and directed the clerk to mail him an information package.
This order concerns service of process and does not decide whether the alleged discrimination occurred or whether Obah's claims will succeed.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.