UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: 8/4/2 022 NUBIA PETERS, Plaintiff, 22-CV-6287 (VEC) -against- ORDER OF SERVICE CBS VIACOM, Defendant. VALERIE CAPRONI, United States District Judge: Plaintiff brings this pro se action under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (“ADA”), and the New York State and City Human Rights Laws, alleging that her former employer discriminated against her based on her religion and disability. By order dated July 27, 2022, the Court granted Plaintiff’s request to proceed in forma pauperis (IFP). DISCUSSION A. Service on Defendant Because Plaintiff has been granted permission to proceed IFP, she is entitled to rely on the Court and the U.S. Marshals Service to effect service.1 Walker v. Schult,

, 123 n.6 (2d Cir. 2013); see also

(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)). 1 Although 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 served the summons and the complaint until the Court reviewed the complaint and ordered that the summons be issued. The Court therefore extends the time to serve until 90 days after the date the summons is issued. To allow Plaintiff to effect service on Defendant CBS Viacom 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,

(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 her address changes, and the Court may dismiss the action if Plaintiff fails to do so. CONCLUSION The Clerk of Court is instructed to issue a summons for CBS Viacom, 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 Court certifies under

(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,

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. Dated: August 4, 2022 New York, New York = ( □

United States District Judge

DEFENDANT AND SERVICE ADDRESS

CBS Viacom 1515 Broadway New York, New York 10013