Reyes v. Small Business Administration
- Katherine Failla
- 1:22-cv-06765
- U.S. District Court · Southern District of New York
- 3
In Reyes v. Small Business Administration, Judge Failla ordered service of the lawsuit and denied Reyes permission to appeal without paying fees.
Ismael A. Reyes, the Small Business Administration, Isabel Guzman, Janet Yellen, and the United States.
What happened
In Reyes v. Small Business Administration, Ismael A. Reyes, representing himself, sued the Small Business Administration, its administrator, the Treasury secretary, and the United States over the denial of applications for an Economic Injury Disaster Loan and a related grant.
The court instructed the Clerk to prepare the documents needed for the U.S. Marshals Service to serve the defendants. Reyes must ensure service within 90 days after the summons is issued and tell the court in writing if his address changes.
Judge Katherine Polk Failla ordered the service materials to be delivered to the Marshals Service and ruled that any appeal from this order would not be taken in good faith, so Reyes was denied permission to appeal without paying fees. The order did not decide the underlying claims.
The detailed version
- Reyes v. Small Business Administration · No. 1:22-cv-06765
- Katherine Failla
- Oct. 18, 2022
Background
Ismael A. Reyes, who was proceeding without a lawyer, brought claims concerning the Small Business Administration’s denial of his applications for an Economic Injury Disaster Loan and an Economic Injury Disaster Loan targeted advance grant. He had previously been allowed to proceed without paying court fees in advance.
Service of Process
Because Reyes was proceeding without paying fees in advance, the court directed the Clerk of Court to complete the U.S. Marshals Service forms, issue a summons, and provide the Marshals Service with the documents needed to serve the Small Business Administration, Administrator Isabel Guzman, Secretary of the Treasury Janet Yellen, and the United States.
The court stated that Reyes is responsible for ensuring that service occurs within 90 days after the summons is issued. If necessary, he must request an extension of time. He must also notify the court in writing if his address changes; the court stated that the action may be dismissed if he fails to do so.
Ruling
Judge Katherine Polk Failla ordered the Clerk to complete the service forms and deliver the required documents to the Marshals Service. The court also certified that any appeal from the order would not be taken in good faith and denied Reyes permission to appeal without paying fees. This order addressed service and appeal-fee status; it did not decide the merits of Reyes’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.