Harriram v. Fera
- Ronnie Abrams
- 1:21-cv-03696
- U.S. District Court · Southern District of New York
- 2
In Harriram v. Fera, Judge Abrams ordered the U.S. Marshals Service to serve newly added CUNY because Harriram was authorized to proceed without paying court fees.
Priya Harriram, CUNY, the Clerk of Court, and the U.S. Marshals Service; the order directed service of the amended complaint on CUNY and did not resolve the underlying claims.
What happened
In Harriram v. Fera, Priya Harriram had permission to proceed without paying court fees. Joseph Luis Fera and Lehman College had already appeared in the case, and Harriram amended her complaint to add the City University of New York, or CUNY, as a defendant.
The court said Harriram could rely on the court and the U.S. Marshals Service to serve CUNY. It instructed the Clerk of Court to complete the required service form, issue the summons, and give the Marshals Service the paperwork needed to serve CUNY at the address Harriram provided.
Judge Ronnie Abrams also directed the Clerk to mail Harriram a copy of the order. The order addressed service of process and did not decide the underlying claims.
The detailed version
- Harriram v. Fera · No. 1:21-cv-03696
- Ronnie Abrams
- Mar. 9, 2022
Background
By an order dated June 14, 2021, the court allowed Priya Harriram to proceed without paying court fees. On June 21, 2021, the court ordered the U.S. Marshals Service to serve Joseph Luis Fera and Lehman College. The opinion states that Fera and Lehman College had appeared by the time of this order.
On March 8, 2022, Harriram amended her complaint to add the City University of New York (CUNY) as a defendant.
Court’s Action
Because Harriram had permission to proceed without paying court fees, the court stated that she was entitled to rely on the court and the U.S. Marshals Service to serve CUNY. The court cited the federal law and rule requiring the court to order service by the Marshals Service when a plaintiff is authorized to proceed without paying court fees.
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue the summons, and deliver to the Marshals Service all paperwork necessary to serve CUNY. The address provided for CUNY was 205 East 42 Street, 11th Floor, New York, New York, 10017. The Clerk was also directed to mail Harriram a copy of the order.
Disposition and Effect
This was an order concerning service of process. It did not decide the merits of Harriram’s claims or state whether any defendant was liable. The order affected Harriram, CUNY, the Clerk of Court, and the U.S. Marshals Service by directing the steps for serving CUNY. Judge Ronnie Abrams signed the order on March 9, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.