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S.D.N.Y.Procedural orderFiled Feb. 26, 2020

Hassan v. Reynoso

Judge
Paul Gardephe
Docket
1:19-cv-05938
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Hassan v. Reynoso, Magistrate Judge Netburn ordered service paperwork for two defendants and set responsibilities for completing service.

Who this affects

Eslam Hassan, defendants Frank Flores and Ivor Bharat, the Clerk of Court, and the U.S. Marshals Service.

What happened

In Hassan v. Reynoso, Eslam Hassan, who was proceeding without a lawyer, asked for help serving defendants Frank Flores and Ivor Bharat through the U.S. Marshals Service.

The court instructed the Clerk of Court to prepare service forms, issue a summons, and provide the Marshals Service with the paperwork needed to serve Flores and Bharat. Hassan must make sure service occurs within 90 days after the summons is issued and request more time if needed.

Magistrate Judge Sarah Netburn also reminded Hassan to notify the court in writing if his address changes and stated that the court may dismiss the case if he does not do so. The order did not decide the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Hassan v. Reynoso · No. 1:19-cv-05938
Judge
Paul Gardephe
Date
Feb. 26, 2020

Background

Eslam Hassan, proceeding without a lawyer, needed to serve defendants Frank Flores and Ivor Bharat. He was to use the U.S. Marshals Service to complete service.

Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant. It also instructed the Clerk to issue a summons and deliver to the Marshals Service all paperwork necessary to serve Flores and Bharat at the addresses identified in the order.

Responsibilities and deadline

The order states that Hassan is responsible for ensuring service within 90 days after the summons is issued. If necessary, he must request an extension of the service deadline. He must also notify the court in writing if his address changes. The court stated that it may dismiss the action if he fails to provide that notice.

Disposition

This was an order concerning service of process, meaning formal delivery of the lawsuit papers to defendants. It did not decide the merits of Hassan's claims or enter a dismissal. Sarah Netburn, United States Magistrate Judge, signed the order on February 26, 2020.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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