Ashley v. City of New York

Background

Anthony Ashley had been granted permission to proceed without paying filing fees. The order explains that a person granted that permission may rely on the court and the U.S. Marshals Service to serve the defendants. The order cites the federal statute and rule requiring the court to direct the Marshals Service to serve process in such cases.

Court’s action

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each of these defendants at the listed addresses: City of New York; Project Renewal; New York City Housing Authority; Mayor Bill de Blasio; New York State Office of Alcoholism Substance Abuse Services; and Sera Security. The Clerk was also instructed to issue summonses and provide the Marshals Service with the paperwork needed to serve them.

Additional instructions

Ashley was required to notify the court in writing if his address changes, and the order states that the court may dismiss the action if he fails to do so. The order also advised people proceeding without lawyers that they were encouraged, during the health crisis, to submit filings by email. It provided information about a legal clinic operated by the New York Legal Assistance Group and stated that the clinic was not part of the court and could not file documents for parties.

Disposition

Judge Stewart D. Aaron entered an amended order of service. The order directed service through the U.S. Marshals Service and did not rule on the merits of Ashley’s claims.