Evans v. Absolute Results

Background Dallas X. Evans brings this self-represented action against Absolute Results under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. He alleges that his employer discriminated against him because of his race. The court had previously granted Evans permission to proceed without paying filing fees, known as proceeding in forma pauperis.

Service of Process Because Evans was proceeding without paying filing fees, he could rely on the court and the U.S. Marshals Service to serve the defendant. The court explained that Evans could not have served the summons and amended complaint until the court reviewed the amended complaint and ordered that a summons be issued. The court therefore extended the time for service until 90 days after the summons is issued. If service is not completed within that period, the opinion states that Evans should request an extension of time.

Ruling The court ordered the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Absolute Results at the address listed in the order, issue a summons, provide the Marshals Service with the necessary paperwork, and mail Evans an information package and a copy of the order. The court also ordered Evans to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so. This order addressed service of process and did not decide the merits of Evans’s discrimination claims.