Newman v. Municipal Credit Union

Nature of the order

This is an order of service. It addresses how Shareem Tiana Newman must serve Municipal Credit Union; it does not decide the merits of the lawsuit.

Service through the Marshals Service

The order states that Newman is proceeding in forma pauperis and therefore may use the U.S. Marshals Service to serve the defendant. The Clerk of Court must send Newman one U.S. Marshals Service Process Receipt and Return form for Municipal Credit Union. Newman must complete and return that form within 30 days of the order.

Alternative service method and deadlines

If Newman does not want to use the Marshals Service, she must notify the court in writing within the same 30-day period and request that a summons be issued directly to her. If she does neither, the court may dismiss the action under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute.

After receiving the completed service form, the Clerk must provide the necessary papers to the Marshals Service. Regardless of the service method, Newman must complete service within 120 days after the summons is issued. The order states that she must ask the Marshals Service whether service has been completed and, if necessary, request an extension of the service deadline. If service is not completed and no extension is requested within that period, the court may dismiss the action under Rules 4(m) and 41(b) for failure to prosecute.

The order also states that Newman must promptly notify the court in writing if her address changes and that the court may dismiss the action if she fails to do so.

Disposition and effect

The court issued the service instructions described above. It did not rule on the underlying claims against Municipal Credit Union. The possible dismissals identified in the order are warnings about future noncompliance, not dismissals entered by this order.