Richard Roe v. New York State Board of Law Examiners
- John Cronan
- 1:22-cv-10298
- U.S. District Court · Southern District of New York
- 3
In Richard Roe v. New York State Board of Law Examiners, Judge Cronan ordered the U.S. Marshals Service to serve the defendant.
Richard Roe and the New York State Board of Law Examiners; the order arranges service of the lawsuit through the U.S. Marshals Service and does not resolve the claims.
What happened
Richard Roe, proceeding without a lawyer and using a pseudonym, sued the New York State Board of Law Examiners under the Americans with Disabilities Act and New York State and City human-rights laws. He seeks declaratory, injunctive, and monetary relief.
The court had already allowed Roe to proceed without paying filing fees in advance. Because of that status, the court said Roe could rely on the court and the U.S. Marshals Service to serve the defendant.
Judge John P. Cronan ordered the Clerk of Court to issue a summons, prepare the service paperwork, and send the documents to the Marshals Service. The order also states that service must occur within 90 days after the summons is issued, unless Roe requests more time.
The detailed version
- Richard Roe v. New York State Board of Law Examiners · No. 1:22-cv-10298
- John Cronan
- Dec. 12, 2022
Background
Richard Roe, proceeding pro se (without a lawyer) and under a pseudonym, filed claims against the New York State Board of Law Examiners under the Americans with Disabilities Act and the New York State and New York City Human Rights Laws. He seeks declaratory relief, injunctive relief, and damages.
The court had previously granted Roe permission to proceed in forma pauperis, meaning without prepaying court fees. This order concerns service of process—the formal delivery of the summons and complaint to the defendant—not the merits of Roe’s claims.
Court’s Action
Because Roe was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to complete service. The court directed the Clerk of Court to issue a summons for the New York State Board of Law Examiners, complete a U.S. Marshals Service Process Receipt and Return form, and provide the Marshals Service with the documents needed to serve the defendant.
The court explained that the usual 90-day service period is extended here because Roe could not serve the summons and complaint before the court reviewed the complaint and ordered that a summons be issued. The order states that service must be completed within 90 days after the summons is issued. If service is not completed within that period, Roe should request an extension. The court also stated that Roe must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.
Disposition
The court ordered the Clerk to mail Roe a copy of the order and an information package, issue the summons, and deliver the service materials to the U.S. Marshals Service. The order does not decide the underlying disability or human-rights claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.