Weise v. U.S. Department of State

Background

Wolfgang Weise, who is representing himself, sued the U.S. Department of State seeking action on his updated passport application and money damages. The court construed the complaint as seeking mandamus relief under 28 U.S.C. § 1361, meaning a court order requiring a government official or agency to perform a legally required duty. The opinion does not decide whether that relief is warranted.

The court had granted Weise permission to proceed in forma pauperis, meaning without paying filing fees in advance, in an order dated August 5, 2024.

Service Order

Because Weise was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was instructed to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form for the Department of State, mark the form for service on the United States, and provide the Marshals Service with the documents needed to complete service.

The court explained that the usual 90-day service period could not begin before the court reviewed the complaint and ordered the summons issued. It therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, Weise should request an extension of time. The court also directed Weise to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Disposition and Scope

The court directed the Clerk to carry out the service steps and to mail an information package to Weise. This was an order concerning service of process; it did not resolve Weise’s request concerning his passport application or his request for money damages.