Garnes v. Pritchard Industries, Inc.
- Paul Engelmayer
- 1:22-cv-10674
- U.S. District Court · Southern District of New York
- 4
In Garnes v. Pritchard Industries, Inc., Magistrate Judge Cave ordered service through the Marshals and denied fee-free status for an appeal.
Mark Garnes and Pritchard Industries, Inc.; the order primarily directed the Clerk of Court and U.S. Marshals Service to serve Pritchard and denied Garnes fee-free status for an appeal.
What happened
In Garnes v. Pritchard Industries, Inc., Mark Garnes, who is representing himself, sued Pritchard Industries, Inc., alleging race and religious discrimination under federal and New York laws. The court also understood his complaint to assert claims under New York’s state and city human-rights laws.
Because Garnes was allowed to proceed without paying filing fees, the court directed the Clerk and U.S. Marshals Service to prepare and serve the lawsuit on Pritchard. The court said the complaint must be served within 90 days after the amended summons is issued, unless Garnes requests more time. He must also notify the court if his address changes.
Magistrate Judge Sarah L. Cave ordered the service steps and denied fee-free status for any appeal from this order, certifying that such an appeal would not be taken in good faith. The order did not decide whether Garnes proved discrimination.
The detailed version
- Garnes v. Pritchard Industries, Inc. · No. 1:22-cv-10674
- Paul Engelmayer
- Feb. 23, 2023
Background
Mark Garnes sued Pritchard Industries, Inc., under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, alleging discrimination based on race and religion. He was representing himself. The court construed the complaint as also asserting claims under the New York State Human Rights Law and New York City Human Rights Law.
The court had previously allowed Garnes to proceed without prepaying filing fees. In such a case, the court explained, the court and the U.S. Marshals Service are responsible for carrying out service of the summons and complaint.
Service Order
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return Form for Pritchard, issue an amended summons, and provide the Marshals with the paperwork needed to serve Pritchard. The Clerk was also instructed to mail Garnes an information package and a copy of the order.
The court extended the service period so that service would be due within 90 days after the amended summons is issued, rather than 90 days after the complaint was filed. If service is not completed within that period, Garnes should request an extension of time. The court also stated that Garnes must notify it in writing of any address change and that the action may be dismissed if he fails to do so.
Appeal Fee Status and Disposition
Magistrate Judge Sarah L. Cave certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal. The order addressed service and appeal fee status; it did not decide the merits of Garnes’s discrimination claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.