Mitchell v. New York City Department of Education
- Paul Gardephe
- 1:20-cv-01555
- U.S. District Court · Southern District of New York
- 3
In Mitchell v. New York City Department of Education, Judge Gardephe ordered U.S. Marshals service and extended the service deadline for Mitchell’s discrimination case.
Pro se plaintiff Dwain Mitchell and defendants New York City Department of Education and Daisy Fontanez; the order concerns service of the lawsuit, not the merits of the discrimination allegations.
What happened
In Mitchell v. New York City Department of Education, pro se plaintiff Dwain Mitchell alleges that his employer discriminated against him because of his race, sex, and age. The opinion does not decide whether those allegations are true.
Because Mitchell was permitted to proceed without paying filing fees, the court directed the Clerk to issue summonses and provide the necessary paperwork to the U.S. Marshals Service for service on the defendants. The court extended the service deadline to 90 days after the summonses are issued.
Judge Paul G. Gardephe also directed the Clerk to mail Mitchell a copy of the order and an information package. Mitchell must notify the court in writing if his address changes, or the action may be dismissed.
The detailed version
- Mitchell v. New York City Department of Education · No. 1:20-cv-01555
- Paul Gardephe
- Mar. 26, 2020
Background
Dwain Mitchell, proceeding without a lawyer, brought an employment-discrimination action against the New York City Department of Education and Daisy Fontanez. He alleges discrimination based on race, sex, and age. Chief Judge Colleen McMahon had previously granted Mitchell permission to proceed without paying filing fees.
Service of Process
A plaintiff proceeding without paying filing fees may rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court explained that Mitchell could not have served the defendants before the court reviewed the complaint and ordered summonses issued. It therefore extended the time for service until 90 days after the summonses are issued. The court stated that, if the complaint is not served within that period, Mitchell should request an extension of time.
The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for both defendants, issue the summonses, and deliver the necessary paperwork to the Marshals Service. The order’s service-address section lists the City of New York and Daisy Fontanez.
Other Instructions and Ruling
Judge Paul G. Gardephe directed the Clerk to mail Mitchell a copy of the order and an information package. Mitchell must notify the court in writing if his address changes; the court stated that the action may be dismissed if he fails to do so. This order addresses service procedures and does not decide the alleged discrimination claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.