Shamilov v. City of New York
- Laura Swain
- 1:20-cv-10224
- U.S. District Court · Southern District of New York
- 2
In Shamilov v. City of New York, Judge Wang ordered Marshals Service steps to serve Kin Chan in the plaintiff’s case.
Aleksandr Shamilov, Defendant Kin Chan, the Clerk of Court, and the U.S. Marshals Service.
What happened
Aleksandr Shamilov, representing himself, brought Shamilov v. City of New York and was allowed to proceed without paying court fees in advance.
The court instructed the Clerk of Court to issue a summons, complete a service form with Kin Chan’s address, and send the necessary papers to the U.S. Marshals Service so it could serve Kin Chan. The court said Shamilov should request more time if the amended complaint was not served within 90 days after the summonses were issued.
Judge Ona T. Wang also ordered Shamilov to notify the court in writing if his address changes and warned that the case could be dismissed if he does not do so.
The detailed version
- Shamilov v. City of New York · No. 1:20-cv-10224
- Laura Swain
- Nov. 10, 2022
Background
Aleksandr Shamilov brought this action without a lawyer. The court had previously allowed him to proceed without paying filing fees in advance. Because he had that fee waiver, federal law required the court to arrange for the U.S. Marshals Service to serve process, meaning the summons and other lawsuit papers.
Order
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form with the address for Defendant Kin Chan. The Clerk was also directed to issue the summons and deliver all paperwork needed for the Marshals Service to serve Kin Chan.
If the amended complaint was not served within 90 days after the summonses were issued, the court stated that Shamilov should request an extension of time. The court also required Shamilov to notify it in writing if his address changes and stated that it may dismiss the action if he fails to do so.
Disposition
The court entered an order of service and instructed the Clerk to take the steps needed for service on Kin Chan. It did not decide the underlying claims. Judge Ona T. Wang signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.