Steele v. Capital One Bank

Background

Beatrice Shirley Williams Steele filed this action against Capital One Bank and is representing herself. She invoked federal-question jurisdiction under 28 U.S.C. § 1331, and the court said the complaint might also be understood to assert claims under diversity jurisdiction, 28 U.S.C. § 1332. On May 5, 2023, the court granted Steele permission to proceed without prepaying filing fees.

Service of the Complaint

Because Steele was allowed to proceed without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the necessary papers to the Marshals Service so it could serve Capital One, N.A., which the complaint named as Capital One Bank.

The court stated that service must generally occur within 90 days after the complaint is filed. But because Steele could not have arranged service until the court reviewed the complaint and ordered issuance of the summons, the court extended the service period to 90 days after the summons is issued. If service is not completed within that period, Steele was told to request an extension. She was also required to notify the court in writing of any address change, and the court warned that the action could be dismissed if she failed to do so.

Disposition

The court ordered the Clerk to mail Steele an information package, issue the summons, complete the service form with the defendant’s address, and provide the documents to the Marshals Service. The order did not decide the merits of Steele’s claims. Judge Andrew L. Carter, Jr. certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The service-address section lists Capital One, N.A., and Capital One Financial Corp. at an address in McLean, Virginia.