Callender v. New York State Department of Motor Vehicles
- Katherine Failla
- 1:23-cv-09314
- U.S. District Court · Southern District of New York
- 5
In Callender v. New York State Department of Motor Vehicles, Judge Failla ordered service, denied counsel for now, and denied fee-free appeal status.
Kojo Shaka Callender and the New York State Department of Motor Vehicles; the order primarily sets up service of the case, addresses counsel for mediation, and limits fee-free status for an appeal.
What happened
In Callender v. New York State Department of Motor Vehicles, Kojo Shaka Callender, representing himself, alleges sex discrimination under federal and New York law. Because the court had already allowed him to proceed without paying filing fees, it ordered the clerk and U.S. Marshals Service to serve the Department of Motor Vehicles.
The court instructed the clerk to issue a summons, complete the required service form, and provide the Marshals Service with the necessary documents. Service must occur within 90 days after the summons is issued, although Callender may request more time. He must also notify the court if his address changes.
The court denied Callender’s request for appointed volunteer counsel without prejudice, meaning he may renew it later, while directing that counsel be sought for his planned mediation. Judge Failla also ruled that Callender could not proceed without paying fees for an appeal from this order. The court did not decide whether the alleged discrimination occurred.
The detailed version
- Callender v. New York State Department of Motor Vehicles · No. 1:23-cv-09314
- Katherine Failla
- Nov. 30, 2023
Background
Kojo Shaka Callender, who is proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. He alleges that the New York State Department of Motor Vehicles discriminated against him because of his sex. The court had previously granted his request to proceed without paying filing fees.
Service of the Complaint
Because Callender was allowed to proceed without prepaying fees, the court ordered service through the United States Marshals Service. The clerk was instructed to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form for the Department of Motor Vehicles, and provide the Marshals Service with the documents needed to serve the defendant.
The court explained that service must occur within 90 days after the summons is issued. If service is not completed within that period, Callender should request an extension of time. The court also directed Callender to notify it in writing if his address changes and stated that the case may be dismissed if he fails to do so.
Request for Counsel
Callender asked the court to appoint volunteer counsel. The court considered that the merits of his claims were the most important factor in deciding that request, but concluded that the case was too early for the merits to be assessed. The court therefore denied the request without prejudice to renewal at a later date.
The court stated that it would separately refer the case to its Mediation Program and direct the clerk to try to locate volunteer counsel to represent Callender at mediation.
Disposition
The court ordered the clerk to issue the summons and arrange service through the Marshals Service. It denied Callender’s application for the court to request volunteer counsel without prejudice to renewal and directed the clerk to terminate that pending motion and mail Callender an information package. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order did not resolve the merits of Callender’s discrimination claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.