Hyndman v. Small Business Administration

Background

Dante Hyndman asked the court to order the U.S. Marshals Service to issue and serve summonses on the defendants. He also requested service on Merrick Garland, the U.S. Attorney General, and the U.S. Attorney for the Southern District of New York. The opinion states that Hyndman had been allowed to proceed without paying the filing fee.

Rulings

The court denied the motion to the extent it sought service of the summons and complaint on the Attorney General and the U.S. Attorney. Neither person was named as a defendant, and Hyndman did not provide a reason to join them in the case or otherwise issue summonses to them.

The court construed Hyndman's letter as a request to extend the time for the U.S. Marshals Service to serve the named defendants: the United States Small Business Administration; Isabel Guzman, the SBA Administrator; Janet Yellen, the Secretary of the Treasury; and the United States of America through the U.S. Attorney for the Southern District of New York. The court granted that request and extended the time for service by 90 days from the date of the order, retroactively. The court reminded Hyndman that he was responsible for requesting another extension if service was not completed within that period.

Disposition

The court denied the request for service on the two non-parties and granted the request to extend the service period for the named defendants. Judge Philip M. Halpern also directed the Clerk of Court to terminate the motion and mail a copy of the order to Hyndman.