Shieh v. N.Y.C.H.A.

Background

Wen-Hwa Shieh, proceeding without a lawyer, alleged that his landlord, the New York City Housing Authority (NYCHA), discriminated against him. He sought damages and an injunction. The court construed his second amended complaint as asserting claims under the Fair Housing Act, the Americans with Disabilities Act, the Rehabilitation Act, and state law.

The court had previously granted Shieh permission to proceed without prepaying court fees. Because he was proceeding under that permission, federal law allowed him to rely on the court and the U.S. Marshals Service to serve NYCHA.

Service Order

The court directed service of the second amended complaint on NYCHA. It explained that Shieh could not have served NYCHA before the court reviewed the second amended complaint and ordered a summons. The court therefore extended the time for service until 90 days after the summons was issued. It stated that, if service was not completed within that period, Shieh should request an extension of time.

The Clerk of Court was instructed to issue a summons for NYCHA, complete a U.S. Marshals Service Process Receipt and Return form with NYCHA’s service address, and provide the Marshals Service with the documents needed to complete service. The Clerk was also instructed to mail Shieh a copy of the order and an information package.

Appeal Fee Status and Disposition

Judge Stewart D. Aaron certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for purposes of an appeal. The order did not decide the merits of Shieh’s discrimination or state-law claims.

Result

The court ordered the Clerk and the U.S. Marshals Service to carry out service on NYCHA, extended the service period as described above, and denied fee-free status for an appeal.