Lee v. Saul

Background

Danny D. Lee filed this action against Andrew Saul, identified in the opinion as the Acting Commissioner of the Social Security Administration. Lee asserted claims under the Americans with Disabilities Act, the Rehabilitation Act, and the Family and Medical Leave Act. The opinion states that Lee was proceeding without a lawyer. In an earlier order dated April 21, 2020, the court granted Lee permission to proceed without prepaying filing fees, known as proceeding in forma pauperis (IFP).

Service of Process

Because Lee was proceeding IFP, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendant. The court explained that Lee could not serve the summons and complaint until the court reviewed the complaint and directed that a summons be issued. It therefore extended the service deadline until 90 days after the summons is issued. The court stated that, if service is not completed within that period, Lee 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 Saul, mark the form for service on the United States, issue a summons, and provide the Marshals Service with the order and other documents needed for service. The order also directed the Clerk to mail Lee a copy of the order and an information package.

Other Direction and Disposition

Lee was required to notify the court in writing if his address changes. The order stated that the court may dismiss the action if he fails to provide that notice. The court did not decide the merits of Lee's claims in this order. Judge Sarah Netburn entered an order directing service and related administrative steps.