Jackson v. Beacon City School District

Background

Walter L. Jackson filed the action without a lawyer and was allowed to proceed without paying filing fees. He asserted claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, alleging that his employer discriminated against him because of his race. The court construed his factual allegations as also asserting related state-law claims. The court identified Jackson’s second amended complaint, ECF No. 8, as the operative pleading.

Service of Process

Because Jackson was proceeding without paying filing fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the deadline for service to 90 days after the summonses are issued, explaining that Jackson could not serve the papers before the court reviewed the complaint and ordered summonses. The court stated that if service was not completed within that period, Jackson should request an extension.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the necessary documents to the Marshals Service. The defendants listed for service were Beacon City School District, Ron Mackey, Director of Transportation, and Anna Kiskis, Dispatcher. Jackson was also required to notify the court in writing if his address changed, and the court stated that the action could be dismissed if he failed to do so.

Disposition

Judge Nelson S. Roman ordered the Clerk to mail Jackson a copy of the order and an information package and to arrange issuance and service of the summonses. The court certified that any appeal from the order would not be taken in good faith and denied Jackson permission to proceed without paying filing fees for purposes of an appeal. The order did not resolve the merits of Jackson’s discrimination or related state-law claims.