Aranguren v. Harris

Background

Jean C. Aranguren filed this pro se action, meaning he is proceeding without a lawyer, against Rhonda Harris and Gay Men’s Health Crisis. He asserts claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, 42 U.S.C. § 1981, and New York State and City human-rights laws. He alleges that his employer discriminated against him because of his national origin, race, sex, and age.

The court had previously granted Aranguren permission to proceed in forma pauperis, meaning without prepaying filing fees. The opinion does not decide whether his discrimination claims are legally or factually valid.

Service of Process

Because Aranguren was allowed to proceed without prepaying fees, the court directed the Clerk of Court and the U.S. Marshals Service to handle service of the summonses and complaint. The Clerk was instructed to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and provide the Marshals Service with the documents needed to serve Rhonda Harris and Gay Men’s Health Crisis.

The court explained that service generally must occur within 90 days, but Aranguren could not serve the defendants before the court reviewed the complaint and ordered summonses. It therefore extended the service period to 90 days after the summonses are issued. If service is not completed within that period, Aranguren should request an extension. He must also notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.

Disposition

Judge Lewis J. Liman ordered the Clerk to mail Aranguren an information package and to deliver the required service documents to the U.S. Marshals Service. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed service and appeal-fee status, not the merits of Aranguren’s discrimination claims.