Alexander v. Private Protective Services, Inc.

Background

Jeriel Alexander was proceeding in the action without prepayment of filing fees. Under 28 U.S.C. § 1915, the court had made efforts to have the U.S. Marshals Service serve Private Protective Services, Inc. The opinion identifies four unsuccessful efforts:

- On December 3, 2019, service failed because the address was insufficient. - On March 11, 2020, service at an updated address failed after building security said the defendant had moved out in November 2019. - On November 2, 2020, service at another updated address failed because the Marshals Service was unable to serve the defendant at that address. - On December 16, 2020, service through the defendant’s chief executive officer failed because the officer could not be located at the provided address.

Court’s Analysis

Because Private Protective Services, Inc. is a corporation, the court explained that Alexander could serve it personally through the New York Secretary of State, which is identified as the statutory service agent for a business corporation. That method required a $40 statutory fee. The court stated that it could not pay that fee on Alexander’s behalf despite his status as a litigant proceeding without prepayment of fees.

Order

The court ordered that, if Alexander wished to pursue the case, he had to mail the Marshals Service a $40 check payable to the Department of State and a copy of the order by February 20, 2021. If the Marshals Service received those items, it would notify the court so the court could enter an appropriate order concerning service through the New York Secretary of State.

The order did not dismiss the case. It stated that if Alexander failed to send the required check and order by the deadline, Judge Stewart D. Aaron would recommend to Judge Oetken that the case be dismissed for failure to prosecute. The Clerk of Court was directed to mail Alexander a copy of the order, and chambers was directed to send a copy to the Marshals Service.