Mercer v. New York City Housing Authority
- Lewis Liman
- 1:22-cv-02271
- U.S. District Court · Southern District of New York
- 3
In Mercer v. New York City Housing Authority, Judge Liman ordered U.S. Marshals to serve the defendant while making no decision on the claims.
Robert Mercer and the New York City Housing Authority; the order also directs the Clerk of Court and the U.S. Marshals Service to handle service.
What happened
In Mercer v. New York City Housing Authority, Robert Mercer, representing himself, sued the New York City Housing Authority, alleging that it violated his rights. The opinion does not identify the specific rights or legal claims.
Because Mercer was allowed to proceed without paying court fees, the court said the U.S. Marshals Service would handle service of the summons and complaint. The court extended the service deadline to 90 days after the summons is issued.
Judge Lewis J. Liman directed the Clerk of Court to issue the summons, complete the service forms, send the required documents to the Marshals Service, and mail Mercer an information package. The order did not decide the merits of Mercer’s claims.
The detailed version
- Mercer v. New York City Housing Authority · No. 1:22-cv-02271
- Lewis Liman
- Aug. 3, 2022
Background
Robert Mercer, who is proceeding without a lawyer, brought an action against the New York City Housing Authority under the court’s federal-question jurisdiction. He alleges that the Housing Authority violated his rights, but this order does not specify the rights or legal theories involved. On March 30, 2022, the court allowed Mercer to proceed without prepaying court fees.
Service of process
Because Mercer was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court extended the usual 90-day service period. Mercer’s deadline to complete service is 90 days after the summons is issued. The court stated that, if service is not completed within that period, Mercer should request more time.
Order
The court directed the Clerk of Court to issue a summons, complete the U.S. Marshals Service service forms with the Housing Authority’s service address, and provide the Marshals Service with the documents needed to serve the defendant. The Clerk was also directed to mail Mercer an information package. Mercer must notify the court in writing if his address changes, and the court stated that the action may be dismissed if he does not do so. Judge Lewis J. Liman’s order addressed service and case administration; it did not decide whether the Housing Authority violated Mercer’s rights.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.