Dodd v. My Sisters' Place, Inc.
- Vincent Briccetti
- 7:21-cv-10987
- U.S. District Court · Southern District of New York
- 3
In Dodd v. My Sisters’ Place, Judge Briccetti ordered Marshals service for added defendants and denied appeal fee status.
Marcus Andre Dodd, and the additional defendants Hilary Touhy and Linda Purvis, whose service was assigned to the U.S. Marshals Service.
What happened
In Dodd v. My Sisters’ Place, Inc., Marcus Andre Dodd, who was representing himself and had been allowed to proceed without paying filing fees, filed an amended complaint adding Hilary Touhy and Linda Purvis.
The court directed the Clerk of Court to prepare service forms and summonses and give the necessary papers to the U.S. Marshals Service so the Marshals could serve Touhy and Purvis. Dodd was responsible for ensuring service within 90 days after the summonses were issued or requesting more time if necessary.
The court also certified that an appeal would not be taken in good faith and denied Dodd permission to proceed without paying fees for an appeal. Judge Vincent L. Briccetti signed the order.
The detailed version
- Dodd v. My Sisters' Place, Inc. · No. 7:21-cv-10987
- Vincent Briccetti
- Apr. 28, 2022
Background
Marcus Andre Dodd filed the action on December 21, 2021, representing himself and proceeding without paying the filing fee. On April 27, 2022, he filed an amended complaint naming Hilary Touhy and Linda Purvis as two additional defendants.
Service of Process
The court directed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms, known as USM-285 forms, for Touhy and Purvis. The Clerk was also directed to issue summonses for them and provide the U.S. Marshals Service with the paperwork needed to serve them. The order included service addresses for both defendants.
The court stated that Dodd was responsible for ensuring service within 90 days after the summonses were issued. If service could not be completed within that period, Dodd would need to request an extension of time.
Appeal-Fee Ruling
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying filing fees for an appeal. The order did not decide the underlying claims in the amended complaint.
Disposition
The court directed the Clerk to complete the service forms and deliver the required documents to the U.S. Marshals Service. Judge Vincent L. Briccetti signed the amended order of service.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.