Samuels v. Cornell Tech
- John Koeltl
- 1:24-cv-01946
- U.S. District Court · Southern District of New York
- 3
In Samuels v. Cornell Tech, Judge Koeltl ordered U.S. Marshals service for Cornell Tech and CUNY after Justin Samuels received permission to proceed without fees.
Justin Samuels, Cornell Tech, CUNY, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Samuels v. Cornell Tech, Justin Samuels, representing himself, sued Cornell Tech and the City University of New York under federal and state laws, alleging discrimination. The court had previously allowed him to proceed without paying filing fees upfront.
Because Samuels was allowed to proceed without paying fees, the court said he could rely on the court and the U.S. Marshals Service to deliver the lawsuit papers. The court extended the service deadline to 90 days after summonses are issued.
Judge John G. Koeltl ordered the Clerk of Court to issue summonses, prepare service forms with the defendants’ addresses, and send the necessary documents to the U.S. Marshals Service. The Clerk was also ordered to mail Samuels an information package.
The detailed version
- Samuels v. Cornell Tech · No. 1:24-cv-01946
- John Koeltl
- June 18, 2024
Background
Justin Samuels, who is appearing without a lawyer, brought an action against Cornell Tech and the City University of New York (CUNY), alleging discrimination under federal and state laws. In an earlier order, the court allowed Samuels to proceed without paying filing fees upfront.
Service of the Lawsuit
A person allowed to proceed without paying filing fees may rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that Samuels could not have served the defendants until the court reviewed the complaint and ordered summonses to issue. It therefore extended the service deadline to 90 days after any summonses are issued.
Ruling
The court instructed the Clerk of Court to issue summonses for Cornell Tech and CUNY, complete U.S. Marshals Service Process Receipt and Return forms with the defendants’ service addresses, and deliver all necessary paperwork to the U.S. Marshals Service. The Clerk was also instructed to mail Samuels an information package. The court stated that, if service is not completed within 90 days after the summonses are issued, Samuels should request additional time. Samuels must notify the court in writing if his address changes, and the court may dismiss the action if he does not do so.
Judge John G. Koeltl signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.