Ashley v. City of New York
- Laura Swain
- 1:20-cv-03888
- U.S. District Court · Southern District of New York
- 2
In Anthony Ashley v. City of New York, Magistrate Judge Aaron ordered Marshals service for the IFP plaintiff without deciding the lawsuit’s merits.
Anthony Ashley, the City of New York, and the other named defendants; the Clerk of Court and the U.S. Marshals Service were directed to assist with service.
What happened
Anthony Ashley sued the City of New York and other defendants. The court had allowed him to proceed without paying filing fees and without a lawyer, so he could rely on the court and the U.S. Marshals Service to serve the defendants.
The order directed the Clerk of Court to prepare service forms and summonses and provide the necessary papers to the Marshals Service. Ashley was told to notify the court if his address changed and was advised that the case could be dismissed if he failed to do so.
Magistrate Judge Stewart D. Aaron issued the order on June 16, 2020. The order addressed service and filing information only; it did not decide the claims’ merits.
The detailed version
- Ashley v. City of New York · No. 1:20-cv-03888
- Laura Swain
- June 16, 2020
Background
Anthony Ashley is the plaintiff in an action against the City of New York and other defendants. The opinion states that Ashley had been granted permission to proceed without paying filing fees. It also describes him as proceeding without a lawyer.
Order
Because Ashley was authorized to proceed without paying filing fees, the court explained that he was entitled to rely on the court and the U.S. Marshals Service to serve the defendants. 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 provide the Marshals Service with the paperwork needed to complete service.
The order required Ashley to notify the court in writing if his address changed. It stated that the court may dismiss the action if he failed to do so. The order also encouraged people proceeding without lawyers to submit filings by email during the health crisis and provided information about a legal clinic operated by the New York Legal Assistance Group. The clinic was identified as a private organization, not part of the court.
Disposition
Magistrate Judge Stewart D. Aaron entered an order of service. The opinion did not rule on the merits of Ashley’s claims or resolve the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.