Colliton v. TEG FCU

Background

James Colliton brings this self-represented action against TEG FCU under the Equal Credit Opportunity Act, the Americans with Disabilities Act, and 42 U.S.C. § 1981. He alleges discrimination based on race and disability. In an earlier order dated June 28, 2023, the court allowed Colliton to proceed without prepaying filing fees.

Service of Process

A plaintiff proceeding without prepaying fees may rely on the court and the United States Marshals Service to serve the defendant. The court therefore instructed the Clerk of Court to issue a summons for TEG FCU, complete the United States Marshals Service Process Receipt and Return form, and provide the Marshals Service with the documents needed to serve TEG FCU at the address listed in the order.

Deadline and Address Requirement

The court explained that, although service ordinarily must occur within 90 days after the complaint is filed, Colliton could not serve the summons and complaint before the court reviewed the complaint and ordered the summons issued. The court extended the deadline to 90 days after the summons is issued. If service is not completed within that period, Colliton should ask for an extension of time. Colliton 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

The court issued the service instructions described above and directed the Clerk of Court to mail Colliton an information package. The order did not rule on the merits of Colliton’s discrimination allegations.