Melton v. Poughkeepsie City School District

Background

Carol Melton, who is proceeding without a lawyer, sued her employer, Poughkeepsie City School District, alleging discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. In an earlier order dated June 10, 2024, the court granted Melton permission to proceed without prepaying filing fees. This status is commonly called proceeding in forma pauperis.

Service of Process

Because Melton was granted that status, she may rely on the court and the U.S. Marshals Service to serve the defendant. The court extended the service period until 90 days after the summons is issued because Melton could not arrange service before the court reviewed the complaint and ordered the summons issued.

The court directed the clerk to issue a summons for Poughkeepsie City School District, complete the U.S. Marshals Service Process Receipt and Return form, and provide the Marshals Service with the documents needed to serve the defendant. If service is not completed within 90 days after the summons is issued, Melton should ask for an extension of time. The court also directed Melton to notify it in writing if her address changes and stated that the action may be dismissed if she fails to do so.

Disposition

Judge Kenneth M. Karas ordered the clerk to issue the summons, complete the service form with the defendant’s address, and deliver the necessary documents to the U.S. Marshals Service. The order also directed the clerk to mail Melton an information package and a copy of the order. The opinion does not rule on the merits of Melton’s discrimination or retaliation claims.