Young v. James

Background

Huguette Nicole Young, proceeding without a lawyer, brought an action against Letitia James in her official capacity as New York’s attorney general. Young alleged that New York Executive Order 202.17, which required people to wear masks in public under certain circumstances, violated her First Amendment right to free speech.

The court had previously granted Young permission to proceed without prepaying filing fees. This order addressed service of the lawsuit and electronic filing; it did not decide whether the mask requirement violated the First Amendment.

Service of Process

Because Young was proceeding without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was directed to complete the required U.S. Marshals Service process forms, issue a summons, and give the Marshals Service the documents needed to serve Letitia James.

The court extended the time for service to 90 days after the summons is issued. It stated that, if service was not completed within that period, Young should request an extension of time. The court also stated that Young must notify it in writing if her address changes and that the action could be dismissed if she failed to do so.

Electronic Filing and Disposition

The court granted Young’s motion to participate in electronic case filing and directed the Clerk to close that motion. The order did not dismiss the case, resolve the First Amendment claim, or otherwise rule on the merits.

Magistrate Judge Sarah L. Cave signed the order and again directed the Clerk to provide the Marshals Service with the documents and service address for Letitia James.