Terez v. Kambouris

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JAHW’REL TEREZ, Plaintiff, -against- 22-CV-2834 JIGK) MANOLIS KAMBOURIS; CITY OF NEW ORDER OF SERVICE YORK, Defendants.

JOHN G. KOELTL, United States District Judge: Plaintiff, who is appearing pro se, brings this action under 42 U.S.C. § 1983, alleging that Defendant Manolis Kambouris, a police officer, used excessive force against him during an arrest, By order dated May 13, 2022, the Court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees.

DISCUSSION 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. Walker v. Schult, 717 F.3d. 119, 123 0.6 (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 summonses and the complaint be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served summonses and the 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 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 IP] 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 City of New York and Manolis Kambouris through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a ULS.

Marshals Service Process Receipt and Return form (“USM-285 form”) for cach 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 his address changes, and the Court may dismiss the action if Plaintiff fails to do so.

CONCLUSION The Clerk of Court is instructed to issue summonses for the City of New York and Manolis Kambouris, complete the USM-285 forms with the addresses for these defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service.

The Clerk of Court is also directed to mail an information package to Plaintiff.

SO ORDERED.

Dates: New York, New York CA) Kbirb 4// L / oo. —FIS x KORLIL \._Ynited States District Judge > DEFENDANTS AND SERVICE ADDRESSES 1, City of New York Church Street New York, NY 10007 2. Police Officer Manolis Kambouris Badge #11618 New York City Police Department, 46th Precinct 2120 Ryer Avenue Bronx, NY 10457