Ngono v. Owono

Background

Andre Marie Ngono, appearing without a lawyer, brought claims under the Alien Tort Statute, the Trafficking Victims Protection Act, and the Trafficking Victims Protection Reauthorization Act. He alleges that Luc Owono, Kamara Youssouf, and Africa Employment Agency subjected him to forced labor and human trafficking. The court had previously granted Ngono permission to proceed without prepaying filing fees.

Service of process

Because Ngono was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the normal deadline for service to 90 days after the summonses are issued, recognizing that Ngono could not have served the defendants before the court reviewed the complaint and ordered summonses to be issued.

The Clerk of Court was directed to send Ngono one U.S. Marshals Service Process Receipt and Return form, known as a USM-285 form, for each defendant. Ngono must complete and return the forms within 30 days of the order. After receiving them, the Clerk must issue the summonses and provide the necessary paperwork to the Marshals Service. Ngono may instead notify the court in writing within 30 days that he does not want to use the Marshals Service and request that the summonses be issued directly to him.

Ruling and effect

Judge Paul G. Gardephe entered an order directing the Clerk to mail Ngono a copy of the order and an information package, and to send him the three USM-285 forms. The court stated that it may dismiss the action for failure to prosecute if Ngono does not return the forms or request summonses within 30 days. The court also required Ngono to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so. The order addressed service and case administration; it did not decide the merits of the forced-labor or human-trafficking allegations.