Jackson v. Beacon City School District

Opinion

UNITED STATES DISTRICT COURT | SOUTHERN DISTRICT OF NEW YORK : monet fark: coy Flue WALTER L. JACKSON, 6 mth eens □□ Plaintiff, yuuEea 7

-against- 19-CV-8164 (NSR) BEACON CITY SCHOOL DISTRICT; RON ORDER OF SERVICE MACKEY, DIRECTOR OF TRANSPORTATION; ANNA KISKIS, DISPATCHER, Defendants.

NELSON S. ROMAN, United States District Judge: Plaintiff Walter L. Jackson, appearing pro se and proceeding in forma pauperis (IFP), filed this action under Title VII of the Civil Rights Act of 1964 (“Title VII’), 42 U.S.C. §§ 2000e to 2000e-17, and 42 U.S.C. § 1981, alleging that his employer discriminated against him based

on his race. The Court construes Plaintiff’s allegations as also asserting related state-law claims. See McLeod vy. Jewish Guild for the Blind, 864 F. 3d 154, 158 (2d Cir. 2017) (holding that where

a pro se plaintiff’s factual allegations supported claims under “well-known” provisions of state law, district courts must construe the complaint as asserting claims under those laws, “regardless of [plaintiff's] failure to check the appropriate blank on a form complaint”). DISCUSSION Because Plaintiff has been granted permission to proceed IFP, Plaintiff is entitled to rely on the Court and the U.S. Marshals Service to effect service. 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)). Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that the summonses and complaint be served within

90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the summonses and complaint until the Court reviewed the complaint and ordered that

summonses be issued. The Court therefore extends the time to serve until 90 days after the date the summonses are issued. If the complaint is not served within that time, 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); see also Murray

v. Pataki, 378 F. App’x 50, 52 (2d Cir, 2010) (“As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals’ failure to effect service automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule 4(m).”*). To allow Plaintiff to effect service on Defendants Beacon City School District; Ron Mackey, Director of Transportation; and Anna Kiskis, Dispatcher, 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 each of these Defendants. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these Defendants.

Plaintiff must notify the Court in writing if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package.

| Plaintiff’s second amended complaint (ECF No. 8) is the operative pleading in this case.

The Clerk of Court is further instructed to issue summonses, complete the USM-285 forms with the addresses for Beacon City School District; Ron Mackey, Director of Transportation; and Anna Kiskis, Dispatcher, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would

not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: (Weurch 10, 220 es White Plains, New York 7 ye ELSON S. ROMAN— United-Statés District Judge

DEFENDANTS AND SERVICE ADDRESSES

1. Beacon City School District 10 Education Drive Beacon, New York 12508 2. Ron Mackey, Director of Transportation Beacon City School District 10 Education Drive Beacon, New York 12508 3. Anna Kiskis, Dispatcher Beacon City School District 10 Education Drive Beacon, New York 12508