Smith v. Homes for the Homeless

Background

Richard Smith filed this action without a lawyer under Title VII of the Civil Rights Act of 1964, alleging that his employer, Homes for the Homeless, discriminated against him because of his race. The court also understood his amended complaint to assert claims under the New York State Human Rights Law and the New York City Human Rights Law. Smith had previously been granted permission to proceed without paying filing fees, and his amended complaint was the operative pleading.

Service of Process

The court explained that a plaintiff who proceeds without paying filing fees may rely on the court and the U.S. Marshals Service to serve the defendant. Because Smith could not serve the summons and amended complaint until the court reviewed the pleading and ordered a summons issued, the court extended the time for service to 90 days after the summons is issued. The court stated that Smith should request an extension if the amended complaint is not served within that period.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for Homes for the Homeless, issue a summons, and deliver the necessary paperwork to the Marshals Service. The opinion lists the defendant’s service address as 36 Cooper Square, New York, New York 10003.

Disposition

This was an order about serving the defendant, not a decision on the merits of Smith’s discrimination claims. The Clerk was also directed to mail Smith a copy of the order and an information package. Smith was instructed to notify the court in writing if his address changes, and the order states that the action may be dismissed if he fails to do so.