Mamatkulov v. Mount Sinai Health System

Background

Lazizjon Mamatkulov brought the action without a lawyer. He alleged that his employer wrongfully terminated his employment after he was absent for two weeks for medical treatment. The court said the complaint could be liberally construed as asserting claims under the Family and Medical Leave Act of 1993.

The court had previously allowed Mamatkulov to proceed without prepaying the filing fee, a status commonly called proceeding in forma pauperis. It also previously ordered service of the complaint on Mount Sinai Health System. Several attempts failed because the defendant would not accept service at the address provided.

Service of Process

Because Mamatkulov was proceeding without prepaying the filing fee, the court explained that he was entitled to rely on the court and the U.S. Marshals Service to serve the defendant. The court also stated that, in this situation, the time for service is extended until 90 days after the summons is issued.

Mamatkulov supplied a new address for service. The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Mount Sinai Health System at that address, issue a summons, and give the Marshals Service the documents needed to attempt service.

The court stated that if service is not completed within 90 days after the summons is issued, Mamatkulov should request an extension of time. It also directed him to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.

Ruling

Judge J. Paul Oetken ordered the Clerk of Court to complete the service form and deliver the necessary documents to the U.S. Marshals Service. The order did not decide the merits of Mamatkulov’s employment claims. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees for that appeal.