Manzano v. Experian

Background

Donald Addison Manzano brought this action under the Fair Credit Reporting Act. The opinion states that Manzano resides in New York, New York, and that he is proceeding without a lawyer. It also states that Manzano alleges Experian is located in Allen, Texas.

The court had previously granted Manzano permission to proceed without prepaying filing fees. This status is called proceeding in forma pauperis. Because of that status, federal law and the Federal Rules of Civil Procedure allow Manzano to rely on the court and the U.S. Marshals Service to serve Experian.

Service Order

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Experian, issue a summons, and deliver the summons and other necessary papers to the U.S. Marshals Service for service on Experian. The opinion lists Experian’s service address as P.O. Box 9701, Allen, Texas 75013.

The court explained that the usual rule requires service within 90 days after a complaint is filed. Because Manzano could not serve the summons and complaint until the court reviewed the complaint and ordered the summons issued, the court extended the service period to 90 days after the summons is issued. If service is not completed within that period, the opinion states that Manzano should request an extension of time.

Other Requirements and Disposition

The court directed Manzano to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so. The court also directed the Clerk to mail Manzano an information package.

Judge Paul A. Engelmayer’s order concerns service of the lawsuit and related administrative steps. It does not decide the merits of Manzano’s Fair Credit Reporting Act claims.