Tillman v. Amblnz Services
- John Cronan
- 1:22-cv-06854
- U.S. District Court · Southern District of New York
- 3
In Tillman v. Amblnz Services, Judge Cronan ordered Marshals service for the pro se plaintiff and denied fee-free status for any appeal.
Kareem A. Tillman and Amblnz Services; the order primarily affects the process for serving Amblnz Services and Tillman's ability to appeal without prepaying fees.
What happened
In Tillman v. Amblnz Services, Kareem A. Tillman alleges that Amblnz Services discriminated against him because of his race and national origin under federal and New York law.
The court had already allowed Tillman to proceed without paying filing fees. Because he was proceeding without a lawyer and without paying fees, the court directed the Clerk and the U.S. Marshals Service to issue and serve the summons and complaint. The order also said Tillman must ask for more time if service is not completed within 90 days after the summons is issued and must notify the court of any address change.
Judge John P. Cronan ordered the Clerk to complete the service forms and deliver the necessary documents to the Marshals Service. The court also denied fee-free status for an appeal, finding that an appeal from the order would not be taken in good faith.
The detailed version
- Tillman v. Amblnz Services · No. 1:22-cv-06854
- John Cronan
- Aug. 16, 2022
Background
Kareem A. Tillman, who was proceeding without a lawyer, sued Amblnz Services under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. He alleged discrimination based on race and national origin. On August 12, 2022, the court granted his request to proceed without prepaying filing fees.
Service of the lawsuit
Because Tillman was allowed to proceed without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and provide the Marshals Service with the documents needed to serve Amblnz Services.
The order explained that service must be completed within 90 days after the summons is issued. If service is not completed by then, Tillman was directed to ask for an extension of time. The court also required him to notify the court in writing if his address changes and stated that the action could be dismissed if he does not do so.
Ruling
Judge John P. Cronan ordered the Clerk to issue the summons, complete the service forms with the defendant's address, and deliver the required documents to the Marshals Service. The court certified that an appeal from this order would not be taken in good faith and denied Tillman's permission to proceed without prepaying fees for an appeal. The order did not decide whether Tillman's discrimination claims were valid.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.