James v. The State University of New York
- Paul Engelmayer
- 1:22-cv-04856
- U.S. District Court · Southern District of New York
- 4
In James v. The State University of New York, Judge Engelmayer ordered service through the Marshals Service and denied counsel without prejudice.
Jeremy Alan James, The State University of New York, the Clerk of Court, and the U.S. Marshals Service.
What happened
Jeremy Alan James sued The State University of New York, alleging race discrimination and retaliation under federal and New York law. He was allowed to proceed without paying filing fees upfront and without a lawyer.
The court directed the Clerk to prepare the service paperwork and send it to the U.S. Marshals Service, which will serve the university. James must request more time if service is not completed within 90 days after the summons is issued.
Judge Paul A. Engelmayer denied James’s request for pro bono counsel without prejudice, meaning he may renew it later. The court also denied fee-free status for any appeal from this order.
The detailed version
- James v. The State University of New York · No. 1:22-cv-04856
- Paul Engelmayer
- Sept. 27, 2022
Background
Jeremy Alan James, proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. He alleges that The State University of New York discriminated and retaliated against him because of his race. The court had already granted James permission to proceed without prepaying filing fees.
Service of Process
Because James was allowed to proceed without prepaying fees, the court ordered that he may rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form with the university’s address, issue a summons, and provide the Marshals Service with the documents needed for service.
The court extended the service deadline to 90 days after the summons is issued because James could not serve the summons and complaint before the court reviewed the complaint and ordered the summons issued. If service is not completed within that period, James should request an extension of time. The court also directed James to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Request for Pro Bono Counsel
James asked the court to request a volunteer lawyer for him. The court considered the factors relevant to such a request, including the apparent merits of the case, James’s efforts to obtain a lawyer, and his ability to investigate and present the case without assistance. Because the case was at an early stage and the court could not yet assess its merits, Judge Paul A. Engelmayer denied the request for pro bono counsel without prejudice to renewal later.
Disposition
The court ordered the Clerk to provide the service materials to the U.S. Marshals Service and mail James an information package. It denied James’s application for the court to request pro bono counsel without prejudice to renewal at a later date. The court also certified that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide whether James’s discrimination and retaliation claims were legally or factually valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.