Willis v. New York City Department of Homeless Services

Background

Rodney Willis, who was representing himself, filed a Second Amended Complaint adding Monique Murray, Patricia Britton, and Cassandra White as defendants. He later filed a consolidated version of that complaint and asked the court to direct the U.S. Marshals Service to serve the newly added defendants.

The court had allowed Willis to proceed without paying filing fees. Denise Turner informed the court that she accepted service and intended to answer the amended complaint. Counsel for the City of New York and Kevin Perdomo stated that the newly added defendants first had to be served before it could be determined whether the city’s legal office would represent them or whether they would move to dismiss or answer.

Court’s Action

Because Willis had permission to proceed without paying filing fees, the court explained that he could rely on the court and the U.S. Marshals to serve the amended complaint. The court directed the Clerk of Court to complete the required service form, issue summonses for Murray, Britton, and White, and provide the U.S. Marshals with the documents needed to serve them at the address listed in the order.

Judge Sarah L. Cave also stated that if service is not completed within 90 days after the summonses are issued, Willis should request an extension of time. The order directed the Clerk to mail Willis a copy of the order and required him to notify the court in writing if his address changes. The opinion states that the court may dismiss the action if he fails to provide that notice.