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S.D.N.Y.Procedural orderFiled June 18, 2020

McDonald v. City of New York

Judge
Laura Swain
Docket
1:20-cv-03889
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In McDonald v. City of New York, Judge Aaron ordered U.S. Marshals service for the defendants after McDonald received permission to proceed under the IFP process.

Who this affects

Anthony McDonald and the six named defendants: City of New York, Project Renewal, New York City Housing Authority, Mayor Bill de Blasio, New York State Office of Alcoholism Substance Abuse Services, and Sera Security.

What happened

McDonald v. City of New York concerns Anthony McDonald’s civil case against the City of New York and other defendants. The court had granted McDonald permission to proceed under the court’s IFP process, and he was representing himself without a lawyer.

The court directed the Clerk to prepare service forms and summonses for the U.S. Marshals Service. The Marshals Service was instructed to serve the City, Project Renewal, the New York City Housing Authority, Mayor Bill de Blasio, the New York State Office of Alcoholism Substance Abuse Services, and Sera Security.

In the amended order of service, Judge Stewart D. Aaron also told McDonald to notify the court if his address changes and warned that the case could be dismissed if he failed to do so. The order did not decide the merits of McDonald’s claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
McDonald v. City of New York · No. 1:20-cv-03889
Judge
Laura Swain
Date
June 18, 2020

Background

Anthony McDonald was granted permission to proceed in forma pauperis (IFP), meaning that the court authorized him to proceed under the IFP process. Because he had that status, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. McDonald was proceeding without a lawyer.

Service instructions

The court entered an amended order of service. It directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant and to issue summonses. The paperwork was to be delivered to the Marshals Service so it could serve:

- City of New York; - Project Renewal; - New York City Housing Authority; - Mayor Bill de Blasio; - New York State Office of Alcoholism Substance Abuse Services; and - Sera Security.

The order provided addresses for each defendant. It also required McDonald to notify the court in writing if his address changed and stated that the court could dismiss the action if he failed to do so.

Additional information and ruling

The court encouraged parties without lawyers to submit filings by email during the health crisis and provided information about a legal clinic operated by the New York Legal Assistance Group. The clinic was described as a private organization, not part of the court, and unable to accept filings for the court.

Judge Stewart D. Aaron’s order addressed service of process and related filing information. It did not resolve the underlying claims or determine whether McDonald or any defendant was legally right.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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