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S.D.N.Y.Procedural orderFiled Apr. 27, 2022

Pasha v. New York State Department of Health

Judge
Edgardo Ramos
Docket
1:22-cv-03355
Court
U.S. District Court · Southern District of New York
Pages
3
EmploymentCivil ProcedurePro Se
In one sentence

In Pasha v. New York State Department of Health, Judge Ramos ordered U.S. Marshals to serve the defendants after Pasha received permission to proceed without fees.

Who this affects

Talha S. Pasha, the New York State Department of Health, and The ExecuSearch Group; the Clerk of Court and U.S. Marshals Service were directed to carry out the service process.

What happened

Pasha v. New York State Department of Health concerns Talha S. Pasha’s lawsuit claiming that his employer discriminated against him because of his race, religion, and national origin under federal employment law.

Pasha is representing himself and received permission to proceed without paying filing fees. Because of that permission, the court said the U.S. Marshals Service must serve the New York State Department of Health and The ExecuSearch Group.

The court extended the service deadline to 90 days after summonses are issued and directed the Clerk of Court to prepare the paperwork and addresses. Judge Edgardo Ramos also required Pasha to notify the court if his address changes.

The detailed version

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

Case
Pasha v. New York State Department of Health · No. 1:22-cv-03355
Judge
Edgardo Ramos
Date
Apr. 27, 2022

Background

Talha S. Pasha brought a lawsuit under Title VII of the Civil Rights Act of 1964, a federal law that prohibits certain employment discrimination. He alleges that his employer discriminated against him based on race, religion, and national origin. The defendants are the New York State Department of Health and The ExecuSearch Group.

Pasha is proceeding without a lawyer. The court had already granted his request to proceed without paying filing fees. In such cases, the court explained, the plaintiff may rely on the court and the U.S. Marshals Service to serve the summonses and complaint.

Service Order

The court extended the usual 90-day deadline for serving the summonses and complaint. Because Pasha could not serve the defendants before the court reviewed the complaint and ordered summonses issued, the new deadline is 90 days after the summonses are issued. The court stated that Pasha should request an extension if service is not completed by that deadline.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and provide the Marshals Service with the documents needed to complete service. The order identifies service addresses for both defendants.

Other Requirement and Effect

Pasha must notify the court in writing if his address changes. The court stated that it may dismiss the action if he fails to do so. This order concerns service of the lawsuit; it does not decide whether Pasha’s discrimination allegations are valid. Judge Edgardo Ramos entered the order.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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