Roman v. New York City Department of Education

Background

The court had granted Plaintiff permission to proceed without paying filing fees. Because a plaintiff proceeding this way may rely on the court and the U.S. Marshals Service to serve defendants, the court addressed the timing and mechanics of service.

Service deadline

Federal Rule of Civil Procedure 4(m) generally requires service of the summons and complaint within 90 days after the complaint is filed. The court explained that Plaintiff could not have served the papers before the court reviewed the complaint and ordered a summons. It therefore extended the service period to 90 days after the summons is issued. The court stated that, if service is not completed within that period, Plaintiff should request an extension of time.

Orders concerning service and filings

To permit service on Raquel Pevey and Christy Curran through the U.S. Marshals Service, the Clerk of Court was directed to complete a separate U.S. Marshals Service Process Receipt and Return form for each defendant. The Clerk was also directed to issue a summons and provide the Marshals Service with the paperwork needed to serve them.

The Clerk was further directed to docket, as a new entry, the amended complaint attached to Plaintiff’s letter at ECF No. 15. The New York City Department of Education was directed to notify the court within 30 days whether it would waive service of the complaint. The order noted that the City of New York had already been served.

Disposition

Judge Jesse M. Furman issued service and docketing instructions. The order did not rule on the merits of Plaintiff’s claims or dismiss any claim.