Coleman v. New York City Department of Health and Mental Hygiene

Background

Mark F. Coleman, who appeared without a lawyer, asserted claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the New York State and New York City Human Rights Laws. He sued the New York City Department of Health and Mental Hygiene (DOHMH), June Bridgemohan, Athea Long, and La’Draya Macon. In an order dated January 11, 2021, the court had allowed Coleman to proceed without prepaying filing fees.

Service of Process

Because Coleman was proceeding without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that Coleman could not have served the summonses and complaint before the court reviewed the complaint and ordered the summonses issued.

The court extended the deadline for serving DOHMH, Bridgemohan, Long, and Macon until 90 days after summonses were issued for those defendants. It stated that Coleman should request an extension if service was not completed within that period. The court instructed the Clerk of Court to issue the summonses, complete U.S. Marshals Service Process Receipt and Return forms with the defendants’ service addresses, and provide the necessary documents to the Marshals Service.

Other Directions and Disposition

The court directed the Clerk to mail Coleman a copy of the order and an information package. It also required Coleman to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.

Judge Alison J. Nathan certified that an appeal from the order would not be taken in good faith. The court therefore denied Coleman permission to proceed without prepaying fees for an appeal. The order did not decide the merits of Coleman’s discrimination claims.