Rosendale v. Bennett

Background

Donald Rosendale, who is representing himself, brought state-law claims against Alyson Bennett based on the court’s diversity-of-citizenship jurisdiction. Chief Judge Laura Taylor Swain had previously granted Rosendale permission to proceed without prepaying fees. The court had entered an earlier service order, but Bennett was not served.

The court later extended Rosendale’s time to serve Bennett. On May 13, 2024, the U.S. Marshals Service attempted service but could not complete it. The Marshals Service reported that a new summons and service order were needed for another attempt.

Court’s Analysis

The court explained that a plaintiff allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to carry out service. Federal law requires court officers to issue and serve process in such cases, and the Federal Rules of Civil Procedure require the court to order Marshals Service assistance when appropriate.

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

Ruling

The Clerk of Court was instructed to issue a summons for Bennett, complete the U.S. Marshals Service Process Receipt and Return form with Bennett’s address, and deliver the documents needed for service to the Marshals Service. The Clerk was also directed to mail an information package to Rosendale. The court extended the time for service until 90 days after the summons is issued. The order did not decide the merits of Rosendale’s state-law claims.