Luna v. City of New York

Background

Daniel Luna, proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964, alleging that his employer discriminated against him based on gender. The court construed his allegations as also asserting related state-law claims. The court had previously granted Luna permission to proceed without paying the filing fee.

Service of the defendants

Because Luna was proceeding without paying the filing fee, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court extended the usual 90-day service period so that the deadline would be 90 days after the summons is issued.

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the necessary papers to the Marshals Service. The defendants identified for service were the City of New York, Health & Hospitals Corporation, Angela Newman, and Olsen Montoya. The court also instructed Luna to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.

Ruling

Judge Valerie Caproni ordered the Clerk of Court to mail Luna a copy of the order and an information package and to provide the Marshals Service with the documents needed to serve the defendants. The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for the purpose of an appeal. This order addressed service and appeal-fee status; it did not decide whether Luna’s discrimination claims were legally valid.