Wright v. New York City Housing Authority
- Alison Nathan
- 1:20-cv-11054
- U.S. District Court · Southern District of New York
- 4
In Wright v. New York City Housing Authority, Judge Nathan ordered service through Marshals and denied IFP status for an appeal.
Tyreen E. Wright and the New York City Housing Authority; the order directs the Clerk of Court and the U.S. Marshals Service to serve the Housing Authority and denies fee-free status for an appeal.
What happened
In Wright v. New York City Housing Authority, Tyreen E. Wright brought a self-represented lawsuit alleging violations of federal and New York employment, disability, and leave laws.
The court had already allowed Wright to proceed without paying filing fees, so it directed the Clerk of Court and the U.S. Marshals Service to serve the Housing Authority. The court extended the service deadline to 90 days after the summons is issued.
Judge Alison J. Nathan ordered the Clerk to prepare the service paperwork and mail Wright information about the case. The court also said Wright must report any address change and denied fee-free status for any appeal from this order.
The detailed version
- Wright v. New York City Housing Authority · No. 1:20-cv-11054
- Alison Nathan
- Jan. 5, 2021
Background
Tyreen E. Wright filed a self-represented action against the New York City Housing Authority under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Rehabilitation Act, and the Family and Medical Leave Act. The opinion says the complaint could also be read to assert claims under the New York State Human Rights Law. The court had granted Wright permission on January 4, 2021, to proceed without paying the filing fee.
Service of process
Because Wright was allowed to proceed without paying the filing fee, the court said Wright could rely on the court and the U.S. Marshals Service to serve the summons and complaint. Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after filing, but the court explained that Wright could not serve the papers until the court reviewed the complaint and ordered a summons. The court therefore extended the service period to 90 days after the summons is issued.
The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for the New York City Housing Authority, issue the summons, and provide the Marshals Service with the documents needed for service. The opinion lists the Housing Authority's service address as 90 Church Street, 11th Floor, New York, New York 10007. The court stated that if service is not completed within the extended period, Wright should request more time. Wright was also required to notify the court in writing of any address change, and the court stated that it may dismiss the action if Wright fails to do so.
Ruling
Judge Alison J. Nathan ordered the Clerk to mail Wright a copy of the order and an information package and to provide the service materials to the U.S. Marshals Service. The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. This order addressed service and appeal-fee status; it did not decide the merits of Wright's underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.