Torboh v. United States Small Business Administration
- John Tunheim
- 0:22-cv-01325
- U.S. District Court · District of Minnesota
- 6
In Torboh v. United States, Judge Tunheim granted dismissal because Torboh failed to properly serve the federal agency, allowing him to refile.
Tonie Hamilton Torboh’s lawsuit was dismissed without prejudice because he did not properly serve the United States and the SBA; the opinion states that he may refile if he satisfies the service requirements.
What happened
Tonie Hamilton Torboh v. United States of America involved Torboh’s claim that the Small Business Administration discriminated against him and his business after a small-business loan was not sent. He sought damages for discrimination, pain and suffering, and lost business.
The United States moved to dismiss because Torboh had not completed the required service of the lawsuit. Federal Rule of Civil Procedure 4(i) required him to serve the United States Attorney’s Office, the Attorney General, and the agency. The court found no evidence that he had properly served any of them and found that he had not shown good cause for the failure.
Judge John R. Tunheim granted the motion to dismiss and dismissed the case without prejudice. This means Torboh may refile, but he must meet the service requirements if he does so.
The detailed version
- Torboh v. United States Small Business Administration · No. 0:22-cv-01325
- John Tunheim
- Dec. 9, 2022
Background
Tonie Hamilton Torboh, representing himself, filed a complaint against the United States Small Business Administration (SBA). He alleged that he applied for a small-business loan, that the application was approved, and that the loan was returned to the SBA after he mistakenly provided his personal bank-account information instead of his business-account information. Torboh alleged that the SBA later requested his business-account information but never sent the loan. He claimed discrimination against him and his business and sought damages for discrimination, pain and suffering, and loss of business.
The action was initially filed in state court and was later removed to federal court by the United States. The opinion states that the United States of America was substituted for the SBA under 28 U.S.C. § 2679(a).
Motion and Service Requirements
The United States moved to dismiss under Federal Rule of Civil Procedure 4(m), which requires dismissal when a plaintiff does not complete service within the required period. Because the defendant was a federal agency, Rule 4(i) applied. That rule required Torboh to serve the United States Attorney for the district, send the summons and complaint to the Attorney General of the United States, and send them to the SBA.
The court found no evidence that Torboh had served the Attorney General, the SBA, or the United States Attorney for the District of Minnesota. The court also noted that the United States had sent Torboh a letter explaining how to serve the United States and its agencies, but Torboh did not respond. The court found that Torboh had not shown good cause for failing to complete service within 90 days. It explained that, absent good cause, a court may sometimes extend the deadline for excusable neglect, but it did not grant an extension here.
Ruling
The court held that Torboh had not complied with Rule 4(i)’s service requirements. It therefore granted the defendant’s motion to dismiss. The case was dismissed without prejudice, meaning the opinion expressly states that Torboh may refile the action, but he must properly serve the required federal parties if he does so.
Disposition
Defendant’s motion to dismiss: Granted.
Case: Dismissed without prejudice.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.