Obah v. Department of Administration for Children Services
- Gregory Woods
- 1:23-cv-04997
- U.S. District Court · Southern District of New York
- 4
In Obah v. Department of Administration for Children’s Services, Judge Woods ordered service but denied counsel without prejudice.
Patrick C. Obah and the defendants ACS, Robert Holmes, Alesha Bovell-John, and Carol Jacob.
What happened
Patrick C. Obah, who is representing himself, alleges that the New York City Administration for Children’s Services discriminated against him because of race, color, religion, and national origin. He brings claims under Title VII, Section 1981, and the New York State Human Rights Law. The court had already allowed him to proceed without paying filing fees.
Judge Woods directed the Clerk of Court and the U.S. Marshals Service to issue summonses and serve the Administration for Children’s Services, Robert Holmes, Alesha Bovell-John, and Carol Jacob. The court extended the service deadline to 90 days after the summonses are issued and told Obah to request more time if service is not completed by then.
The court denied Obah’s request for a lawyer without prejudice to renewing it later because the case was too early for the court to evaluate its merits. Judge Gregory H. Woods also denied fee-free status for any appeal from this order, finding that an appeal would not be taken in good faith.
The detailed version
- Obah v. Department of Administration for Children Services · No. 1:23-cv-04997
- Gregory Woods
- June 20, 2023
Background
Patrick C. Obah, proceeding without a lawyer, sued the New York City Administration for Children’s Services (ACS), Robert Holmes, Alesha Bovell-John, and Carol Jacob. He alleges discrimination based on race, color, religion, and national origin under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. The court had previously granted Obah permission to proceed without paying filing fees.
Service of process
Because Obah was allowed to proceed without paying filing fees, the court directed the Clerk of Court and the U.S. Marshals Service to handle service of the summonses and complaint. The Clerk was ordered to prepare the required service forms, issue summonses, and send the necessary paperwork to the Marshals Service for service on ACS, Holmes, Bovell-John, and Jacob.
The court explained that service must be completed within 90 days after the summonses are issued. If service is not completed by then, Obah should request an extension of time. The court also instructed Obah to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Request for counsel
Obah applied for the court to request a volunteer lawyer to represent him. The court considered that the merits of the case are the most important factor in deciding such a request, but found that the case was too early for it to evaluate the merits. The court therefore denied the application for counsel without prejudice to renewal later.
Disposition
The court ordered the Clerk to issue summonses, complete the service forms, and deliver the required documents to the Marshals Service. It denied Obah’s application for the court to request volunteer counsel without prejudice to renewal. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order was issued by Judge Gregory H. Woods on June 20, 2023.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.