Rosa v. Pathstone Corporation

Background

Felicia Rosa, proceeding without a lawyer, brought the action under the Fair Housing Act and 42 U.S.C. § 1983. She alleges that the defendants violated her rights by terminating her Section 8 housing voucher. Chief Judge Swain had previously granted Rosa permission to proceed without prepaying court fees.

Service of Process

Because Rosa was allowed to proceed without prepaying fees, the court explained that she could rely on the U.S. Marshals Service to serve the defendants with the summonses and complaint. The court directed the Clerk of Court to issue summonses, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and provide the Marshals Service with the documents needed for service.

The defendants identified for service were Pathstone Corporation, Megan Jackson, Zelma Dasilva, and Damaris Gonzalez. The court extended the time for service to 90 days after the summonses are issued. It stated that Rosa should request an extension if service is not completed within that period. Rosa was also told to notify the court in writing if her address changes, and the court stated that the action may be dismissed if she fails to do so.

Disposition

Judge Kenneth M. Karas ordered the Clerk of Court to issue the summonses, prepare the service forms, send the necessary documents to the U.S. Marshals Service, and mail Rosa an information package. The order did not decide the merits of Rosa’s Fair Housing Act or Section 1983 allegations.