Magee v. The Walt Disney Company

Background

Quincy Magee, appearing without a lawyer, invokes the court's diversity-of-citizenship jurisdiction and asserts state-law breach-of-contract claims against The Walt Disney Company and The American Broadcasting Company. The court had previously granted Magee permission to proceed without prepaying fees.

Service of process

A person allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendants. Although the usual deadline under Federal Rule of Civil Procedure 4(m) is 90 days after the complaint is filed, the court explained that Magee could not have served the defendants until the court reviewed the complaint and ordered summonses issued. The court therefore extended the service deadline to 90 days after the summonses are issued.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and provide the Marshals Service with the documents needed for service. The Clerk was also directed to mail Magee an information package. Magee was told to notify the court in writing if the mailing address changes; the court stated that the action may be dismissed if Magee fails to do so.

Appeal and disposition

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal. The order addressed service and appeal-fee status; it did not rule on the merits of Magee's breach-of-contract claims.