Joy v. Crime Victims Treatment Center

Background

Lydia V. Joy, who is representing herself, brought claims alleging discrimination based on race, national origin, and status as a non-native speaker of English. The court had previously granted her permission to proceed without prepaying filing fees, a status commonly called in forma pauperis.

Service of Process

Because Joy was allowed to proceed without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was instructed to issue a summons for Crime Victims Treatment Center, complete a U.S. Marshals Service Process Receipt and Return form, and give the Marshals Service the documents needed to serve the defendant.

The court extended the service deadline so that the 90-day period begins on the date the summons is issued, rather than on the date the complaint was filed. If the complaint is not served within those 90 days, the order says Joy should request an extension of time. Joy must also notify the court in writing if her address changes; the court stated that it may dismiss the action if she does not do so.

Disposition

This is an order concerning service of the lawsuit. It does not decide whether Joy’s discrimination claims have merit. The Clerk of Court was directed to mail Joy an information package and take the steps needed for service. The order was signed by Judge Lorna G. Schofield.