Amari J. Moody v. New York Institute of Technology; Tiffani Hinds
- Garnett
- 1:25-cv-08730
- U.S. District Court · Southern District of New York
- 4
In Moody v. New York Institute of Technology, Judge Garnett ordered Marshals service for the pro se plaintiff after granting permission to proceed without prepaying fees.
Amari J. Moody, New York Institute of Technology, and Tiffani Hinds; the Clerk of Court and U.S. Marshals Service are directed to arrange service.
What happened
In Amari J. Moody v. New York Institute of Technology and Tiffani Hinds, Amari J. Moody alleges that the defendants violated the Americans with Disabilities Act, the Rehabilitation Act, and the Family Educational Rights and Privacy Act. Moody is representing himself and was previously allowed to proceed without prepaying court fees.
Because Moody was allowed to proceed without prepaying fees, the court said the U.S. Marshals Service must serve the defendants. The court extended the service deadline to 90 days after summonses are issued, rather than 90 days after the complaint was filed.
Judge Margaret M. Garnett directed the Clerk of Court to issue summonses, prepare service forms, and send the necessary papers to the Marshals Service for service on New York Institute of Technology and Tiffani Hinds. The order did not decide whether Moody’s claims are legally valid.
The detailed version
- Amari J. Moody v. New York Institute of Technology; Tiffani Hinds · No. 1:25-cv-08730
- Garnett
- Oct. 27, 2025
Background
Amari J. Moody, who is representing himself, brought claims alleging violations of the Americans with Disabilities Act, the Rehabilitation Act, and the Family Educational Rights and Privacy Act against New York Institute of Technology and Tiffani Hinds. The opinion states that the court had already granted Moody permission to proceed without prepaying filing fees, known as proceeding in forma pauperis, in an October 24, 2025 order.
Service of the Complaint
The court explained that a plaintiff proceeding without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendants. Although Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after the complaint is filed, the court said Moody could not have arranged service before the court reviewed the complaint and ordered summonses to be issued. The court therefore extended the service period to 90 days after the summonses are issued.
Ruling
Judge Margaret M. Garnett 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 Marshals Service. The court also directed the Clerk to mail an information package to Moody. The opinion states that if service is not completed within 90 days after summonses are issued, Moody should request an extension of time. Moody must notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so. This order addresses service and case administration; it does not decide the merits of Moody’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.