Jerry Wright v. First Student, Inc., 2013 U.S. App. LEXIS 5868

Wright, proceeding pro se and IFP, filed a July 2011 complaint alleging race, age, disability, seniority, and pay-raise discrimination by First Student, Inc.
The magistrate granted IFP status on September 6, 2011 and ordered service by the USMS.
For about five months there was no docket activity; summons was issued February 28 and First Student was served May 2.
First Student moved to dismiss for untimely service and failure to state a claim; Wright attributed delays to the Pro Se Project and then to lack of representation.
District court dismissed for 280 days of delay with no shown good cause and for failure to state a claim.
This court vacates and remands to determine if Wright showed good cause for the service delay, considering IFP entitlement to USMS service.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether dismissal for untimely service was proper	Wright relied on USMS for service as an IFP plaintiff.	Delay violated Rule 4(m); no good cause shown.	Remand to determine good cause; potential improper reliance on court staff/USMS delays.
Whether the complaint states a cognizable employment-discrimination claim	Allegations show real discriminatory motive for firing;	No stated claim under applicable standards after liberal pleading is applied.	Complaint states an employment-discrimination claim; vacate and remand for further proceedings on service and merits.

Rochon v. Dawson, 828 F.2d 1107 (5th Cir. 1987) (IFP plaintiff may rely on USMS for service)
Lindsey v. U.S.R.R. Ret. Bd., 101 F.3d 444 (5th Cir. 1996) (court must issue process to USMS after reasonable steps by plaintiff)
Moore v. Jackson, 123 F.3d 1082 (8th Cir. 1997) (USMS responsibility for service forms; dismissal improper when addresses listed)
Walker v. Sumner, 14 F.3d 1415 (9th Cir. 1994) (USMS failure to effect service can be good cause; abrogated in part by later cases)
Stone v. Harry, 364 F.3d 912 (8th Cir. 2004) (pro se pleadings construed liberally)