Francis Asifuah v. REUVEN L. COHEN, ESQ

Background

Francis Assifuah filed this action under the court’s diversity jurisdiction against his former criminal defense attorney, Reuven L. Cohen, Esq., and Cohen’s law firm, Williams Cohen LLP. The opinion states that Assifuah alleges he was being held in immigration detention in Henderson, Nevada, and that he is representing himself. On July 6, 2020, the court allowed him to proceed without paying filing fees in advance.

Service of the Defendants

Because Assifuah was allowed to proceed without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that the usual 90-day deadline for serving a summons and complaint did not begin in the ordinary way because Assifuah could not serve the defendants before the court reviewed the complaint and ordered summonses issued.

The court extended the service deadline to 90 days after summonses are issued. It stated that if service is not completed within that period, Assifuah should request more time. The court instructed the Clerk of Court to issue summonses for Reuven L. Cohen, Esq., and Williams Cohen LLP; complete a U.S. Marshals Service Process Receipt and Return form for each defendant; and send the required documents to the Marshals Service.

Other Instructions and Disposition

The court directed the Clerk to mail Assifuah a copy of the order and an information package. It instructed Assifuah to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Judge Analisa Torres certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order does not decide the underlying claims against the defendants.