Jones v. Thomas
- Alison Nathan
- 1:20-cv-05581
- U.S. District Court · Southern District of New York
- 4
In Jones v. Thomas, Judge Nathan ordered service through Marshals and denied counsel without prejudice.
Brandon C. Jones, Volunteers of America, Jisin H. Thomas, and Jonathan Tauarez. The order directs the Clerk of Court and the U.S. Marshals Service to arrange service and denies Jones’s request for pro bono counsel without prejudice.
What happened
Brandon C. Jones sued Jisin H. Thomas and others, claiming violations of federal, New York State, and New York City disability and housing laws. Jones was representing himself and had permission to proceed without paying filing fees.
The court ordered the Clerk to issue summonses and provide the U.S. Marshals Service with the documents and address information needed to serve Volunteers of America, Jisin H. Thomas, and Jonathan Tauarez. The court extended the service deadline to 90 days after the summonses are issued and required Jones to notify the court of any address change.
Judge Alison J. Nathan denied Jones’s request for pro bono counsel without prejudice to renewal later because the case was too early for the court to evaluate its merits. The court also denied permission to proceed without paying fees for any appeal from this order.
The detailed version
- Jones v. Thomas · No. 1:20-cv-05581
- Alison Nathan
- Nov. 4, 2020
Background
Brandon C. Jones, representing himself, brought claims under the Americans with Disabilities Act, the Fair Housing Act, and the New York State and New York City Human Rights Laws. The opinion states that the court had previously allowed Jones to proceed without paying filing fees.
Service of the lawsuit
Because Jones was allowed to proceed without paying fees, the court explained that he could rely on the U.S. Marshals Service to serve the defendants. The court extended the service deadline to 90 days after the summonses are issued because Jones could not serve the summonses and second amended complaint before the court reviewed that complaint and ordered the summonses issued.
The Clerk of Court was instructed to prepare a service form for each of Volunteers of America, Jisin H. Thomas, and Jonathan Tauarez; issue summonses; and give the Marshals Service the documents needed to serve them. Jones was told to notify the court in writing if his address changes, and the court stated that the action could be dismissed if he failed to do so.
Request for a lawyer
Jones asked the court to request pro bono counsel, meaning a lawyer providing services without charging him. The court considered the factors generally used for such requests, including the apparent strength of the case, efforts to find a lawyer, and the person’s ability to investigate and present the case without help. The court stated that it was too early to assess the merits of the action and denied the request without prejudice to renewal later.
Disposition
Judge Alison J. Nathan ordered the Clerk and the U.S. Marshals Service to proceed with service on the three named defendants. The court denied Jones’s application for pro bono counsel without prejudice to renewal at a later date. It also certified that an appeal from this order would not be taken in good faith and denied Jones permission to proceed without paying fees for purposes of an appeal. The opinion does not decide the merits of Jones’s disability or housing claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.