Kiss v. Kenny

Background

Daniel Kiss, who is proceeding without a lawyer, brought a state-law conversion claim against Janet Kenny and Debbie Rubin based on the court’s diversity-of-citizenship jurisdiction. In an order dated January 19, 2023, the court allowed Kiss to proceed without prepaying filing fees.

Service of Process

Because Kiss 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 defendants. Service of process is the formal delivery of the lawsuit and summons to the defendants.

The court instructed the Clerk of Court to issue summonses for Kenny and Rubin, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the addresses listed in the order, and deliver the necessary paperwork to the Marshals Service. The Clerk was also directed to mail Kiss an information package.

The court extended the service period so that the 90-day period would begin when the summonses are issued, rather than when the complaint was filed. If the complaint is not served within those 90 days, Kiss should request an extension of time. The court also stated that Kiss must notify it in writing of any address change and that the action may be dismissed if he fails to do so.

Appeal-Fee Status and Disposition

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for purposes of an appeal. The order addressed service and appeal-fee status; it did not state a ruling on the merits of the conversion claim.

Judge Cathy Seibel ordered the Clerk to issue the summonses, complete the service forms, and provide the documents to the U.S. Marshals Service.