Freckleton v. Mercy College NY

Background

Malvia M. Freckleton, proceeding without a lawyer, brought this action under Title VII of the Civil Rights Act. She alleges race and disability discrimination in her education at Mercy College. The opinion states that the court had already granted her permission to proceed without paying filing fees.

Service of Process

Because Freckleton was allowed to proceed without paying filing fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve Mercy College NY, Susan Moscou, and Miriam Ford. Service of process is the formal delivery of the summons and complaint to the defendants.

The court extended the usual 90-day service period. The new period runs for 90 days after the summonses are issued. The court stated that if service is not completed within that period, Freckleton should request an extension of time. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the necessary paperwork to the Marshals Service.

Other Instructions and Ruling

Freckleton must notify the court in writing if her address changes. The court stated that the action may be dismissed if she fails to do so.

Judge Kenneth M. Karas ordered the Clerk of Court to issue summonses for all three defendants, complete the service forms with their addresses, and deliver the documents to the Marshals Service. The court also certified 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. This order addressed service and related filing-fee matters; it did not decide whether Freckleton’s discrimination allegations were legally or factually established.