Mintu v. Mayorkas

Background

Shariful Mintu, who is representing himself, filed an action seeking a writ of mandamus—an order requiring government action—and declaratory relief. The court had previously granted his request to proceed without paying filing fees.

Service of the Complaint

Because Mintu was proceeding without paying filing fees, he was entitled to rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that Mintu could not have served the summonses and complaint until the court reviewed the complaint and ordered that summonses be issued. It therefore extended the time for service until 90 days after the summonses are issued. The court stated that, if service is not completed within that period, Mintu should request an extension of time.

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, Alejandro Mayorkas and Ur M. Jaddou, mark the forms for service on the United States, issue summonses, and send the necessary paperwork to the U.S. Marshals Service. The order also directed the Clerk to mail Mintu a copy of the order and an information package.

Other Requirement and Disposition

Mintu must notify the court in writing if his address changes. The court stated that it may dismiss the action if he does not do so. The order addressed service of process and did not decide the merits of Mintu’s claims. Judge Vernon S. Broderick ordered the Clerk to issue the summonses, complete the service forms with the listed addresses, and deliver the documents to the U.S. Marshals Service.