Houston v. Wells Fargo

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LEONARD W. HOUSTON, Plaintiff, -against- 24-CV-7637 (JGLC) WELLS FARGO, also known as WELLS ORDER OF SERVICE FARGO BANK, N.A., also known as WELLS FARGO HOME MORTGAGE, Defendant. JESSICA G. L. CLARKE, United States District Judge: Plaintiff Leonard W. Houston, who is appearing pro se, brings this action under the Equal Credit Opportunity Act (“ECOA”), 15 U.S.C. § 1691, alleging that Defendant Wells Fargo denied his request for mortgage assistance in violation of the ECOA. By order dated October 17, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. See ECF No. 6. Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the Court and the U.S. Marshals Service to effect service.1 Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP)).

1Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have effected service until the Court reviewed the complaint and ordered that any summonses be issued. The Court therefore extends the time to serve until 90 days after the date any summonses issue. To allow Plaintiff to effect service on Defendant through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for Defendant. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendant.

If the complaint is not served within 90 days after the date the summons is issued, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for service). Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. A. Referral to the City Bar Justice Center The City Bar Justice Center (“CBJC”) operates the SDNY Federal Pro Se Legal Assistance Project to assist self-represented parties with civil cases in this court. Appointments can be scheduled by phone (212-382-4794), email (fedprosdny@nycbar.org), or by completing

the CBJC’s intake form. The CBJC is a private organization that it not part of the court, and the CBJC’s SDNY Federal Pro Se Legal Assistance Project cannot accept filings on behalf of the court. A flyer with details is attached. CONCLUSION The Clerk of Court is instructed to issue a summons for Defendant Wells Fargo, complete the USM-285 form with the address for Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail an information package to Plaintiff. A City Bar Justice Center flyer is attached to this order. SO ORDERED. Dated: November 7, 2024 New York, New York C HeAHCA Char Ke

JESSICA G. L. CLARKE United States District Judge

SERVICE ADDRESS FOR DEFENDANT

Wells Fargo Home Mortgage 1 Home Campus Des Moines, IA 50328 7-4 i) LO) ee 0 hod oa J en] eas □□□ NWS Ramaatsctelemal-laam Dita acolo) mm (-h)\\am Cola anec NDA) NAVAS

ABOUT THE PROJECT The Federal Pro Se Legal Assistance Project provides limited assistance to self- represented litigants (plaintiffs and defendants) with cases involving civil legal matters in the United States District Court for the Southern District of New York (SDNY). This project assists plaintiffs and defendants on a variety of federal legal issues, including, among others, civil rights, employment discrimination, and disability discrimination. The team also assists incarcerated individuals with civil (non- criminal) claims. HOW WE HELP Fed Pro provides limited assistance through full-time attorneys, legal support team members, pro bono (volunteer) attorneys, law school/college interns, and a social work team. While we cannot provide full representation, Fed Pro can assist litigants by providing limited-scope services such as:

Counseling about potential Consulting on discovery federal claims prior to filing suit &R matters Interpreting and explaining P2 Assisting with the settlement federal law and procedure S62 ~—soprrocesss (including mediation) (FZ Reviewing drafted pleadings and correspondence with the Court

HOW TO ACCESS OUR SERVICES

aro) amr-\$-9 Ec} aL □□ (-F-LX-Mroto}onle) (-1K-Maal-Mel sl ifsl-m cela me coxer-1 □□□ rola Ulan i=] ——. w ald AAA A ot-1 a [Usa ce-Le-1alk-) eto) 2740) me) kyaa-tel-1e-] ed fo) eoterct □□ C-¥24-] Br boo1 od eto] me) □□□□ □ Ret Kim'Zolem-1a-a mr-1 0) om exoyan)o) (-14- mal-M ke) a anhire) maYZo) □□ □□□□□ oLUL-Xc1 a Ko) ator] Lo) 0h mua -Mke) hs®) (-t--X-Met-] | ACs □□