Paupaw-Myrie v. Mount Vernon City School District

Background

Alexis Paupaw-Myrie filed a Title VII action against Mt. Vernon City School District and Natasha Hunter-McGregor. She alleges that the defendants discriminated against her because of her race and color. She is proceeding without a lawyer. In an order dated January 5, 2022, the court allowed her to proceed without paying filing fees in advance.

Service of the Defendants

The court explained that a plaintiff who is allowed to proceed without prepaying fees may rely on the U.S. Marshals Service to serve the defendants. Although the Federal Rules of Civil Procedure generally require service within 90 days after filing the complaint, the court noted that Paupaw-Myrie could not serve the summonses and complaint before the court reviewed the complaint and ordered that summonses be issued. The court therefore extended the service period to 90 days after the summonses are issued.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the necessary documents to the Marshals Service. The order identifies service addresses for Mt. Vernon City School District and Natasha Hunter-McGregor, identified there as a principal at Graham Elementary School.

Ruling and Instructions

Judge Seibel ordered the Clerk to mail Paupaw-Myrie a copy of the order and an information package and to provide the Marshals Service with the documents needed to serve the defendants. The court stated that Paupaw-Myrie should request additional time if service is not completed within the extended period. She must also notify the court in writing if her address changes; the court warned that it may dismiss the action if she fails to do so. This order concerns filing-fee status and service of process, not the merits of the Title VII allegations.