District Judge Charles J. Siragusa

 

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The U.S. Postal Service fired plaintiff in 2007. The EEOC denied her discrimination complaint alleging she was terminated because of her race, sex, and disability, and in retaliation for a prior discrimination complaint. In Jan. 2015, the EEOC denied plaintiff’s May 2014 reconsideration motion. Her pro se April 2015 lawsuit alleged termination due to discrimination and a wrong standard of law, retaliation, and denial of due process by the EEOC. Accepting her explanation that she never received its Dec. 7, 2015 summons , the court had the summons reissued on June 23, 2016. Plaintiff’s later proof of service showed only that the summons was served on the office of the U.S. Attorney in Rochester. The court dismissed plaintiff’s EEOC due process denial claim—as directed at nonparty EEOC—but otherwise denied dismissal of her lawsuit. Although it could have dismissed suit for improper service, the court noted plaintiff’s apparent attempt to comply with the service requirements of Federal Rule of Civil Procedure 4(i), as well as defendants’ actual notice of her action and failure to claim prejudice. The court granted plaintiff an additional 10 days to complete service by serving both the attorney general and the EEOC.