Umer v. Entech Enginnering P.C.

Background

Mohammed Umer had been granted permission to proceed without paying filing fees. The order concerns service of the summons and complaint on EnTech Engineering PC and Jasmine Javaheri through the U.S. Marshals Service.

Court’s analysis

The court explained that a plaintiff proceeding under this permission may rely on the court and the Marshals Service to effect service. Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after the complaint is filed. But Umer could not have served the summons and complaint before the court reviewed the complaint and ordered that summonses be issued. The court therefore extended the service period until 90 days after the summonses are issued.

The court also stated that if service is not completed within that period, Umer should request an extension of time. It further noted that the Marshals Service’s failure to serve can constitute good cause for an extension when a plaintiff proceeding without paying filing fees provides enough information to identify the defendant.

Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the paperwork needed for service to the Marshals Service. The service addresses listed were EnTech Engineering PC at 17 State Street, 36th Floor, New York, New York 10004, and Jasmine Javaheri at the same address through EnTech Engineering PC. Umer must notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so. The Clerk was also directed to mail Umer a copy of the order and an information package.