Alexander v. Private Protective Services, Inc.

Background

Jeriel Alexander sued Private Protective Services, Inc. The court was making efforts under 28 U.S.C. § 1915 to serve the defendant on Alexander’s behalf because he was proceeding without prepaying fees.

The court explained that a corporation may be served by personal service on the New York Secretary of State, which acts as the statutory service agent for a business corporation. That method required a $40 statutory fee. Citing federal appellate and district court authority, the court stated that it could not pay the fee for Alexander despite his fee-waived status.

Alexander’s Payment

The court was informed that, consistent with an earlier order of service, the Marshals Service had received a $40 money order from Alexander payable to the Department of State.

Order

Judge Stewart D. Aaron instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for service through the New York Secretary of State at the Office of the New York Department of State in Albany. The Clerk was also instructed to issue a summons and provide the Marshals Service with the paperwork needed to carry out service.

The Marshals Service was directed to coordinate with its counterpart for the Northern District of New York to facilitate personal service on the New York Secretary of State. The Clerk was asked to mail Alexander a copy of the order, and chambers would send a copy to the Marshals Service.

The opinion also noted that the defendant appeared to be officially registered with New York State as “Private Protective Services Inc.” without a comma between “Services” and “Inc.”

Disposition and Significance

This was an order concerning service of process—the formal delivery of lawsuit papers to a defendant. It directed the steps needed to attempt service and did not rule on the merits of Alexander’s claims.