Joachin v. Morningside Rehabilitation Nursing Home

Background

Nadine Joachin filed this action pro se, meaning without a lawyer. She asserts claims under federal and state employment-discrimination statutes. In an earlier order dated August 30, 2023, the court granted her permission to proceed in forma pauperis, meaning without prepaying court fees.

Service of Process

Because Joachin 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 court therefore directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons for Morningside Rehabilitation Nursing Home, and deliver the necessary paperwork to the Marshals Service.

The court stated that service must occur within 90 days after the summons is issued. If service is not completed by then, Joachin should request an extension of time. The court also instructed Joachin to notify it in writing if her address changes and stated that the action may be dismissed if she fails to do so.

Ruling

Judge Andrew L. Carter, Jr. ordered the Clerk to issue the summons, complete the service form with the defendant’s address, provide the documents to the U.S. Marshals Service, and mail Joachin an information package. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not resolve the merits of Joachin’s employment-discrimination claims.