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S.D.N.Y.Procedural orderFiled Oct. 5, 2023

Roach v. New York Housing Authority

Judge
Clarke
Docket
1:23-cv-08135
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Roach v. New York City Housing Authority, Judge Clarke ordered Marshals Service to serve the defendants after allowing Roach to proceed without prepaid fees.

Who this affects

Edmindo A. Roach Jr., the New York City Housing Authority, and DC 37 Local 287; the order also directs actions by the Clerk of Court and the U.S. Marshals Service.

What happened

Edmindo A. Roach Jr. v. New York City Housing Authority concerns a complaint alleging that the New York City Housing Authority discriminated against Roach because of his race. The complaint also names DC 37 Local 287, and the court understood it to include state-law claims against the union.

Roach is representing himself and had permission to proceed without paying court fees in advance. Because of that permission, the court said the court and the U.S. Marshals Service would arrange service of the complaint and summonses.

Judge Jessica G. L. Clarke ordered the Clerk of Court to issue summonses, complete service forms, and send the required papers to the Marshals Service for both defendants. The court set the service deadline at 90 days after the summonses are issued and directed Roach to request more time if necessary; the order did not decide whether the discrimination claims have merit.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Roach v. New York Housing Authority · No. 1:23-cv-08135
Judge
Clarke
Date
Oct. 5, 2023

Background

Edmindo A. Roach Jr. filed a self-represented lawsuit against the New York City Housing Authority and DC 37 Local 287. He asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and New York City Human Rights Laws. He alleges that his employer, the New York City Housing Authority, discriminated against him because of his race. The court construed the complaint as also asserting state-law claims against DC 37 Local 287.

The court had previously granted Roach permission to proceed without prepaying filing fees. In such cases, the court explained, the court must order the U.S. Marshals Service to serve the defendants. The court also stated that the ordinary 90-day service period runs from the date summonses are issued in this circumstance, because Roach could not serve the summonses and complaint before the court reviewed the complaint and ordered the summonses issued.

Order

The court directed the Clerk of Court to issue summonses for the New York City Housing Authority and DC 37 Local 287, complete the U.S. Marshals Service process forms using the defendants’ addresses, and deliver the necessary paperwork to the Marshals Service. The court directed that service occur within 90 days after the summonses are issued. It stated that Roach should request an extension if service is not completed within that period.

The court also directed the Clerk to mail Roach an information package. Roach must notify the court in writing if his address changes, and the court warned that the action may be dismissed if he does not do so. This order concerns service of the lawsuit and does not decide the merits of Roach’s discrimination claims.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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