Azzarmi v. Neubauer

Background

Aasir Azzarmi brought the action under the court’s diversity jurisdiction. He was proceeding without a lawyer and had been granted permission to proceed without paying filing fees upfront. The defendants named in the caption were Donald Neubauer and John Does 1–10.

Service of Process

Because Azzarmi 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 explained that the usual 90-day service period could not begin in the ordinary way because Azzarmi could not serve the summons and complaint until the court reviewed the complaint and ordered a summons issued. The court therefore extended the service deadline to 90 days after the summons is issued. It stated that Azzarmi should request an extension if service is not completed within that period.

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Neubauer, issue a summons, and provide the Marshals Service with the documents needed to serve Neubauer. The court also stated that Azzarmi must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.

The court noted that Azzarmi had not provided enough information in the complaint to identify the John Doe defendants. The order does not provide service instructions for those defendants.

Disposition

Judge Kenneth M. Karas ordered the Clerk of Court to mail Azzarmi an information package and to deliver the service materials for Neubauer to the Marshals Service. The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order addressed service and appeal-fee status; it did not decide the underlying claims.