Obah v. Equiliem Company et al

Filing 28

ORDER OF SERVICE: Accordingly, the Clerk of Court is directed to issue a new summons for Defendant Ryan Persichilli, complete with the USM-285 form with the above address, and deliver to the U.S. Marshals Service all documents necessary to eff ect service. The Marshals are directed to attempt service of the Complaint upon Ryan Persichilli at that address. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). Should service at that address be unsuccessful, the Court may dismiss all c laims against Ryan Persichilli without prejudice pursuant to Federal Rule of Civil Procedure 4(m). The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma paupe ris status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 396 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff at the address designated on ECF. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/23/2024) (vfr) Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PATRICK C. OBAH,
Plaintiff,
23-CV-9600 (JPO)
-vORDER OF SERVICE
EQUILIEM COMPANY, et al.,
Defendants.

J. PAUL OETKEN, District Judge:
Plaintiff brings this action pro se against two defendants, Equiliem Company and Ryan
Persichilli, asserting that Defendants unlawfully discriminated against him. Equiliem entered an
appearance through counsel on July 2, 2024. (ECF Nos. 17 & 18.) On November 1, 2023, the
Court granted Obah’s application for leave to proceed in forma pauperis. (ECF No. 4.) The
Court has since twice ordered the Marshals to attempt service on Defendants using addresses
Obah provided. (See ECF Nos. 6, 15.) Persichilli has not been served or entered an appearance.
On September 17, 2024, counsel for Equiliem informed the Court that Persichilli’s last known
address in its records is 137 N. Meridian Street, Apt. 3, Tallahassee, Florida, 32301. (ECF Nos.
26; see also ECF No. 15 at 1 n.2.)
Accordingly, the Clerk of Court is directed to issue a new summons for Defendant Ryan
Persichilli, complete with the USM-285 form with the above address, and deliver to the U.S.
Marshals Service all documents necessary to effect service. The Marshals are directed to attempt
service of the Complaint upon Ryan Persichilli at that address. See 28 U.S.C. § 1915(d); Fed. R.

1

Civ. P. 4(c)(3). Should service at that address be unsuccessful, the Court may dismiss all claims
against Ryan Persichilli without prejudice pursuant to Federal Rule of Civil Procedure 4(m). 1
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would
not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an
appeal. Cf. Coppedge v. United States, 396 U.S. 438, 444-45 (1962) (holding that an appellant
demonstrates good faith when he seeks review of a nonfrivolous issue).
The Clerk of Court is directed to mail a copy of this order to Plaintiff at the address
designated on ECF.
SO ORDERED.
Dated: September 23, 2024
New York, New York
____________________________________
J. PAUL OETKEN
United States District Judge

1

For good cause, the Court extends the time to serve Persichilli under Federal Rule of
Civil Procedure 4(m) until ninety days after the date the new summons issues.

2