McDonald v. City of New York

Background

Anthony McDonald was permitted to proceed without paying court fees. Because he was proceeding under that authorization, the order explained that he could rely on the court and the U.S. Marshals Service to serve the defendants.

Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the papers needed for service to the Marshals Service. The order therefore arranged for service; it did not determine whether McDonald’s claims were legally valid or whether the defendants were liable.

McDonald was required to notify the court in writing if his address changed. The order stated that the court may dismiss the action if he failed to provide that notice. It also encouraged people proceeding without lawyers to file by email during the health crisis and identified a legal clinic operated by the New York Legal Assistance Group. The order clarified that the clinic was a private organization and was not part of the court.

Disposition and Effect

The court entered an order of service directing the Clerk and the U.S. Marshals Service to take the steps needed to serve the defendants. Stewart D. Aaron, United States Magistrate Judge, signed the order. The opinion contains no ruling on the merits of McDonald’s claims.