McKins v. Pye
- Nelson Roman
- 7:19-cv-04633
- U.S. District Court · Southern District of New York
- 5
In McKins v. Pye, Judge Roman vacated the dismissal warning and ordered U.S. Marshals to serve the defendants.
John McKins, Tara Pye, Joanne Russo-Lanza, United Hebrew Soundview Senior Living, the Clerk of Court, and the U.S. Marshals Service.
What happened
John McKins sued Tara Pye, Joanne Russo-Lanza, and United Hebrew Soundview Senior Living under the Fair Housing Act. McKins was proceeding without a lawyer and had permission to proceed without paying filing fees. The court had ordered him to explain why the case should not be dismissed for failing to pursue it, and he responded that he wanted to continue but did not understand the court’s procedures.
The court vacated that order. It also found that, although the defendants’ lawyer had entered an appearance, the docket did not show that the defendants had been formally served, and it was unclear whether they received the court’s earlier request to waive service.
Judge Nelson S. Roman directed the Clerk of Court to issue summonses and prepare the paperwork so the U.S. Marshals Service could serve Tara Pye, Joanne Russo-Lanza, and United Hebrew Soundview Senior Living. The order addressed case progress and service, not whether McKins’s Fair Housing Act claims were valid.
The detailed version
- McKins v. Pye · No. 7:19-cv-04633
- Nelson Roman
- Mar. 14, 2023
Background
John McKins filed a Fair Housing Act case against Tara Pye, Joanne Russo-Lanza, and United Hebrew Soundview Senior Living. He was proceeding without a lawyer and had been granted permission to proceed without paying filing fees, known as in forma pauperis status. The court had previously dismissed his claims, but the Court of Appeals for the Second Circuit vacated that dismissal and reopened the case.
The court had issued an earlier order directing McKins to explain why the case should not be dismissed without prejudice for failure to pursue it. McKins responded that he did not understand the court’s rules and procedures, had been unable to obtain a lawyer, and remained interested in pursuing the case.
Court’s Actions
The court vacated the order directing McKins to explain his delay. It instructed him to contact the Pro Se Intake Unit for information about court procedures.
The court also addressed service of process—the formal delivery of the lawsuit and summons to the defendants. No proof of service appeared on the docket. Although the defendants’ lawyer had entered an appearance, the defendants had not filed anything else or otherwise communicated with the court, and it was unclear whether they had received the court’s earlier request to waive service.
Because McKins had permission to proceed without paying filing fees, the court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and send the necessary papers to the Marshals Service. The court stated that if the complaint was not served within 90 days after the summonses were issued, McKins should request more time. It also stated that McKins must notify the court in writing of any address change and that the case could be dismissed if he failed to do so.
Disposition
Judge Nelson S. Roman vacated the order to show cause. The court ordered the Clerk of Court to issue summonses and provide the Marshals Service with the documents needed to serve Tara Pye, Joanne Russo-Lanza, and United Hebrew Soundview Senior Living. The opinion did not decide the merits of McKins’s Fair Housing Act claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.