Manzano v. Capitol One
- Rochon
- 1:24-cv-00414
- U.S. District Court · Southern District of New York
- 2
In Manzano v. Capital One, Judge Rochon ordered the U.S. Marshals Service to serve Capital One for the self-represented plaintiff.
Donald Addison Manzano, Capital One, the Clerk of Court, and the U.S. Marshals Service.
What happened
Donald Addison Manzano sued Capital One under the Fair Credit Reporting Act and is representing himself. Chief Judge Laura Taylor Swain had allowed him to proceed without paying filing fees.
Because of that permission, Manzano could rely on the court and the U.S. Marshals Service to serve Capital One. The court said he could not serve the summons and complaint until the court reviewed the complaint and issued the summons.
Judge Rochon ordered the Clerk of Court to issue the summons, prepare the service paperwork, and send the documents to the Marshals Service. The court extended the service deadline to 90 days after the summons is issued and instructed Manzano to seek more time if service is not completed by then.
The detailed version
- Manzano v. Capitol One · No. 1:24-cv-00414
- Rochon
- Feb. 1, 2024
Background
Donald Addison Manzano, who is representing himself, brought an action against Capital One under the Fair Credit Reporting Act. On January 24, 2024, Chief Judge Laura Taylor Swain granted Manzano permission to proceed without paying filing fees.
Service of Process
Because Manzano was permitted to proceed without paying filing fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve Capital One. Federal law requires court officers to issue and serve process in cases proceeding under that permission, and the Federal Rules of Civil Procedure require the court to order Marshals Service when applicable.
The court also explained that the usual 90-day service period could not begin in the ordinary way because Manzano could not serve the summons and complaint before the court reviewed the complaint and ordered that a summons be issued. The court therefore extended the service deadline to 90 days after the summons is issued.
Order
Judge Jennifer L. Rochon instructed the Clerk of Court to:
- Issue a summons for Capital One;
- Complete the U.S. Marshals Service Process Receipt and Return form with Capital One's address;
- Deliver the necessary documents to the U.S. Marshals Service for service; and
- Mail Manzano an information package.
The order states that if the complaint is not served within 90 days after the summons is issued, Manzano should request an extension of time. It also requires him to notify the court in writing if his address changes and states that the court may dismiss the action if he does not do so. The opinion addresses service procedures and does not decide the Fair Credit Reporting Act claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.