MacNeal v. The State of New York
- Lorna Schofield
- 1:24-cv-06017
- U.S. District Court · Southern District of New York
- 4
In MacNeal v. The State of New York, Judge Schofield ordered service through the Marshals Service because MacNeal could proceed without prepaying fees.
Kelly MacNeal and the named defendants are affected. The Clerk of Court and the United States Marshals Service are directed to take steps to serve the defendants.
What happened
In MacNeal v. The State of New York, Kelly MacNeal, representing herself, sued the State of New York, the City of New York, and several state and city employees. She filed an amended complaint on November 29, 2024.
The court had already allowed MacNeal to proceed without prepaying filing fees. The court therefore directed the Clerk of Court to prepare summonses and service forms and send the required paperwork to the United States Marshals Service, which will serve the defendants.
The order requires service within 90 days after the summonses are issued, unless MacNeal asks for more time. It also requires her to notify the court in writing if her address changes and warns that the case may be dismissed if she does not. Judge Lorna G. Schofield did not decide the underlying claims in this order.
The detailed version
- MacNeal v. The State of New York · No. 1:24-cv-06017
- Lorna Schofield
- Dec. 4, 2024
Background
Kelly MacNeal, who is representing herself, sued the State of New York; the City of New York; employees of the New York State Division of Human Rights; employees of the New York City Police Department; and emergency medical technicians of the New York City Fire Department. MacNeal filed an amended complaint on November 29, 2024. The opinion does not describe the claims in that complaint.
On August 14, 2024, the court granted MacNeal permission to proceed without prepaying filing fees. In such cases, federal law permits the court and the United States Marshals Service to assist with serving the defendants.
Order
The court instructed the Clerk of Court to complete service forms for all defendants, issue summonses for all defendants, and provide the United States Marshals Service with the paperwork needed to serve them.
The court stated that MacNeal must request an extension of time if the amended complaint is not served within 90 days after the relevant summonses are issued. The court also ordered MacNeal to notify it in writing if her address changes and stated that the action may be dismissed if she fails to do so.
Disposition
This is an order directing service. It does not decide the merits of MacNeal’s claims or resolve the defendants’ liability. Judge Lorna G. Schofield entered the order on December 4, 2024.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.