Green v. Robison Oil

Background

Brianna Green brings this action without a lawyer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, 42 U.S.C. § 1981, and the New York State Human Rights Law. She alleges that Robison Oil, identified as her former employer, discriminated against her based on race, color, and religion.

Chief Judge Laura Taylor Swain had previously granted Green permission to proceed without prepaying filing fees. This status is commonly called proceeding in forma pauperis, or IFP.

Service of Process

Because Green received IFP status, the court explained that she could rely on the court and the U.S. Marshals Service to serve Robison Oil with the summons and complaint. The Clerk was instructed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the necessary documents to the Marshals Service.

The court extended the usual service period. Although Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after filing the complaint, the court stated that Green could not have served the documents before the court reviewed the complaint and ordered the summons issued. The court therefore set the service period at 90 days after the summons is issued. If service is not completed within that period, Green should request an extension of time.

The court also directed Green to notify it in writing if her address changes and warned that the action may be dismissed if she fails to do so. The Clerk was directed to mail Green an information package.

Disposition

The court entered an order of service. It directed the Clerk to issue the summons and arrange for service by the U.S. Marshals Service. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not rule on the merits of Green's discrimination claims.