Murray v. Brag Sales Inc.
- James Oetken
- 1:23-cv-06610
- U.S. District Court · Southern District of New York
- 5
In Murray v. Brag Sales, Judge Oetken dismissed claims against Noren without prejudice and ordered service on the remaining defendants.
Jonathan Nathaniel Murray’s claims against Benjamin Noren were dismissed without prejudice. Bradley J. Gruber and Brag Sales, Inc., doing business as Uneeda Enterprises, remained subject to service of the complaint.
What happened
In Murray v. Brag Sales Inc., Jonathan Nathaniel Murray, representing himself, alleged that his employer discriminated against him because of his race and disability under federal, New York State, and New York City laws. The court had allowed him to proceed without paying filing fees.
The court dismissed Murray’s claims against Benjamin Noren without prejudice because the complaint did not explain what Noren had done or failed to do. The court ordered the Clerk and U.S. Marshals Service to serve Bradley J. Gruber and Brag Sales, Inc., doing business as Uneeda Enterprises, and extended the service deadline to 90 days after the summonses are issued.
Judge J. Paul Oetken also denied Murray permission to appeal without paying fees, certifying that an appeal would not be taken in good faith. The order did not decide Murray’s discrimination claims against Gruber or Brag Sales, Inc.
The detailed version
- Murray v. Brag Sales Inc. · No. 1:23-cv-06610
- James Oetken
- Aug. 4, 2023
Background
Jonathan Nathaniel Murray brought this action under 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and New York State and New York City human-rights laws. He alleged that his employer discriminated against him based on race and disability. Murray was proceeding without a lawyer and had been permitted to proceed without paying filing fees.
Screening of the Claims Against Benjamin Noren
Because Murray was proceeding without paying filing fees, the court was required to screen the complaint and dismiss any claim that was frivolous, malicious, failed to state a claim, sought relief from an immune defendant, or fell outside the court’s subject-matter jurisdiction. The court also had to read Murray’s self-represented complaint liberally, while still requiring enough facts to provide a plausible basis for relief.
Murray named Benjamin Noren as a defendant but did not mention Noren elsewhere in the complaint or allege facts describing what Noren did or failed to do. The court held that the complaint therefore did not provide enough facts to support a claim against Noren. It dismissed Murray’s claims against Noren without prejudice to Murray’s repleading those claims.
Service on the Remaining Defendants
Because Murray had been allowed to proceed without paying filing fees, he could rely on the court and the U.S. Marshals Service to serve Bradley J. Gruber and Brag Sales, Inc., doing business as Uneeda Enterprises. The court extended the service period to 90 days after the summonses were issued, rather than 90 days after the complaint was filed.
The court directed the Clerk of Court to issue summonses, complete the required service forms using the defendants’ addresses, and deliver the necessary documents to the U.S. Marshals Service. The court also stated that Murray must notify the court in writing if his address changes and that the action could be dismissed if he failed to do so.
Disposition
The court dismissed Murray’s claims against Benjamin Noren, without prejudice. It ordered the issuance of summonses and service on Bradley J. Gruber and Brag Sales, Inc., doing business as Uneeda Enterprises. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.