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S.D.N.Y.Procedural orderFiled Feb. 15, 2022

Bell v. de Blasio

Judge
Laura Swain
Docket
1:21-cv-02792
Court
U.S. District Court · Southern District of New York
Pages
4
Civil RightsCivil ProcedurePro Se
In one sentence

In Bell v. City of New York, Judge Broderick added Praxis as a defendant and ordered marshals to serve defendants in Bell’s civil-rights case.

Who this affects

Anthony George Bell, the City of New York, and Praxis Housing Initiatives, Inc.; the order also directed the Clerk of Court and the U.S. Marshals Service to take administrative steps to serve the defendants.

What happened

In Bell v. City of New York, Anthony George Bell, who was representing himself, alleged that the City violated his civil rights and discriminated against him because of his race and medical condition. He also intended to bring claims against Praxis Housing Initiatives, Inc.

The court added Praxis as a defendant and directed the Clerk of Court to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve both defendants. Because Bell was allowed to proceed without paying filing fees in advance, he could rely on the court and Marshals Service for service. The court extended the service deadline to 90 days after summonses are issued.

Judge Vernon S. Broderick entered the order. The order addressed adding a party and arranging service; it did not decide whether Bell’s discrimination or civil-rights claims were valid.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Bell v. de Blasio · No. 1:21-cv-02792
Judge
Laura Swain
Date
Feb. 15, 2022

Background

Anthony George Bell, who was proceeding without a lawyer, brought an action against the City of New York alleging civil-rights violations and discrimination based on race and medical condition. The court had previously allowed Bell to proceed without paying filing fees in advance. Bell’s amended complaint alleged that the City helped Praxis Housing Initiatives, Inc. discriminate against him and showed a clear intention to assert claims against Praxis.

Rulings

Under Federal Rule of Civil Procedure 21, the court construed the amended complaint as asserting claims against Praxis Housing Initiatives, Inc. and directed the Clerk of Court to add Praxis as a defendant. The court stated that this amendment was without prejudice to defenses the City might later assert.

Because Bell was allowed to proceed without prepaying fees, the court directed the Clerk of Court to issue summonses, complete U.S. Marshals Service process forms for the City and Praxis, and provide the necessary documents to the Marshals Service for service. The court extended the service deadline to 90 days after the summonses are issued. The court also instructed Bell to notify it in writing of any address change and warned that the action could be dismissed if he failed to do so.

Disposition and Scope

Judge Vernon S. Broderick entered an order adding Praxis as a defendant and arranging service. The order did not reach the merits of Bell’s civil-rights or discrimination allegations.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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