Davis v. DeJoy

Background

Shianne C. Davis brings an action under Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act. She alleges that her employer discriminated against her based on sex, religion, and disabilities. The opinion states that Davis is proceeding without a lawyer and that the court previously granted her permission to proceed without prepaying filing fees.

Service and substitution

Because Davis was allowed to proceed without prepaying fees, the court stated that she is entitled to help from the court and the U.S. Marshals Service to serve the defendant. The court directed the Clerk of Court to substitute David Steiner, identified as the current Postmaster General of the United States Postal Service, for Lois DeJoy, identified as the former Postmaster General. This substitution was made under Federal Rule of Civil Procedure 25(d).

The Clerk was directed to complete the U.S. Marshals Service process form, mark it for service on the United States, issue a summons, and provide the Marshals Service with the order and other necessary paperwork. The order also directed the Clerk to mail Davis an information package.

Time for service and other instructions

The court stated that the second amended complaint must be served within 90 days after the summons is issued. If service is not completed within that period, Davis should request an extension of time. The order also requires Davis to notify the court in writing if her address changes and states that the court may dismiss the action if she fails to do so.

Disposition

Judge Ronnie Abrams issued an order directing service and substituting David Steiner for Lois DeJoy. The opinion does not decide the merits of Davis’s discrimination claims.