Cobb v. APWU NY Metro Union

Background

Kenya Cobb filed this action without a lawyer against the United States Postal Service, Nair Reghuvaran, D. Beete, Rolando Pasaq, Carol Cook, M. Felix, M. Burns, and APWU NY Metro Union. She alleged employment discrimination and retaliation under the Rehabilitation Act of 1973 and the Family and Medical Leave Act of 1993. Although Cobb identified the Americans with Disabilities Act as a basis for the action, the court explained that federal employees cannot bring employment-discrimination claims against a federal employer under that statute; the disability-discrimination claims were therefore treated as claims under the Rehabilitation Act.

The court had previously granted Cobb permission to proceed without paying the filing fee. Because she was proceeding without paying the filing fee, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendants. The usual 90-day service period was extended until 90 days after the summonses are issued because Cobb could not have served the defendants before the court reviewed the complaint and ordered the summonses issued.

Order

The court instructed the Clerk of Court to issue summonses, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, mark the forms for service on the United States where required, and deliver the necessary paperwork to the Marshals Service. The court directed service on the United States Postal Service; Nair Reghuvaran; D. Beete (Law Department); Rolando Pasaq (Nurse); Carol Cook (Acting Finance Supervisor); M. Felix (Station Manager); M. Burns (Parcel Supervisor); and APWU NY Metro Union.

The court stated that Cobb must notify it in writing if her address changes and that the action could be dismissed if she fails to do so. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. Judge Gregory H. Woods ordered the Clerk to mail Cobb a copy of the order and an information package.