DeJesus v. Rudolph

Background

Alex DeJesus alleges that Stephanie Rudolph and the New York City Commission on Human Rights violated his rights. The opinion does not state the specific claims or alleged conduct. DeJesus was permitted to proceed without prepaying filing fees. He initially appeared without a lawyer, but Attorney Peter A. Saad, Jr. later filed a notice of appearance, and DeJesus, through counsel, filed an amended complaint.

Service of Process

Because DeJesus was proceeding without prepaying filing fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court said that the usual 90-day service period could not begin in the ordinary way because summonses had not yet been issued and counsel had not requested their issuance. The court therefore extended the time for service until 90 days after the summonses are issued.

The Clerk of Court was instructed to issue summonses, complete a U.S. Marshals Service Process Receipt and Return form for Stephanie Rudolph and the New York City Commission on Human Rights using the listed addresses, and provide the Marshals Service with the documents needed to serve both defendants.

Disposition

The order directs the Clerk of Court to take the service-related steps described above. It does not decide the merits of DeJesus’s claims. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.