Manzano v. Midland Credit Management
- Clarke
- 1:23-cv-05920
- U.S. District Court · Southern District of New York
- 3
In Manzano v. Midland Credit Management, Judge Clarke ordered the U.S. Marshals Service to serve Midland in Manzano’s FCRA case after granting permission to proceed without prepaying fees.
Donald Addison Manzano, who is proceeding without a lawyer, and Midland Credit Management Inc.; the Clerk of Court and U.S. Marshals Service were directed to take steps to serve the defendant.
What happened
In Manzano v. Midland Credit Management, Donald Addison Manzano brought a case without a lawyer under the Fair Credit Reporting Act and state law. The court had already allowed him to proceed without paying filing fees in advance.
The court directed the Clerk of Court to issue a summons, prepare the required service form, and send the necessary papers to the U.S. Marshals Service. The service deadline was extended to 90 days after the summons is issued.
Judge Jessica G. L. Clarke also directed the Clerk to mail Manzano an information package. This order addressed service of the lawsuit and did not decide the merits of Manzano’s claims.
The detailed version
- Manzano v. Midland Credit Management · No. 1:23-cv-05920
- Clarke
- Aug. 14, 2023
Background
Donald Addison Manzano filed this case without a lawyer against Midland Credit Management Inc. He asserts claims under the Fair Credit Reporting Act (FCRA) and state law. The court had previously granted Manzano permission to proceed without prepaying filing fees.
Service of the lawsuit
Because Manzano 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 Midland. The court also extended the service deadline: the summons and complaint must be served within 90 days after the summons is issued, rather than 90 days after the complaint was filed.
The court directed the Clerk of Court to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form with Midland’s address, and deliver the necessary papers to the Marshals Service. The court stated that Manzano should request more time if service is not completed within that 90-day period. It also directed the Clerk to mail Manzano an information package and reminded him to notify the court in writing if his address changes.
Ruling
Judge Jessica G. L. Clarke issued an order directing service on Midland Credit Management Inc. The order concerns the mechanics of serving the defendant; it does not resolve the FCRA or state-law claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.