Manzano v. Ollo/CWS
- Subramanian
- 1:24-cv-01245
- U.S. District Court · Southern District of New York
- 3
In Manzano v. Ollo/CWS, Judge Subramanian ordered a pro se plaintiff to provide a service address so Marshals could serve the defendant.
Donald Addison Manzano must provide a proper address and complete the service form; Ollo/CWS will be served through the U.S. Marshals Service after the court receives that information.
What happened
In Manzano v. Ollo/CWS, Donald Addison Manzano sued Ollo/CWS under the Fair Credit Reporting Act and was allowed to proceed without paying the filing fee. He was representing himself.
Manzano provided only a post-office-box address for Ollo/CWS, but the U.S. Marshals Service cannot serve papers at a post office box. The court sent him a service form and required him to provide a proper address within 30 days.
The court ordered the Clerk to issue a summons and give the papers to the Marshals Service after receiving the completed form. Judge Subramanian warned that the action may be dismissed without prejudice if Manzano does not comply on time.
The detailed version
- Manzano v. Ollo/CWS · No. 1:24-cv-01245
- Subramanian
- Mar. 11, 2024
Background
Donald Addison Manzano brought this action under the Fair Credit Reporting Act. He is proceeding without a lawyer and was granted permission to proceed without paying the filing fee. Because he is proceeding under that permission, he may rely on the court and the U.S. Marshals Service to serve Ollo/CWS.
Service Problem
Manzano provided only a post-office-box address for Ollo/CWS. The Marshals Service cannot serve a post office box, so the court could not direct service using the information provided. The court explained that Manzano must provide the information needed for the Marshals Service to complete service.
Order
The Clerk of Court was directed to mail Manzano an information package and a U.S. Marshals Service Process Receipt and Return form, known as a USM-285 form. Within 30 days of the order, Manzano must complete the form, provide a proper service address for Ollo/CWS, and return the form to the court.
After receiving the completed form, the Clerk must issue a summons and deliver the necessary paperwork to the Marshals Service for service. Manzano must also notify the court in writing if his address changes. The order states that the action may be dismissed without prejudice if he does not comply on time. Judge Arun Subramanian signed the order on March 11, 2024.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.