UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DARRYL L. GRAHAM, Plaintiff, 23-CV-1143 (CS) -against- ORDER OF SERVICE ROBIN S. BRIGHT, Defendant. CATHY SEIBEL, United States District Judge: Plaintiff, who is appearing pro se, brings this action under the Court’s diversity of jurisdiction,

. By order dated February 13, 2023, the court granted Plaintiff’s request to proceed in forma pauperis (“IFP”) – that is, without prepayment of fees. 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.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)). To allow Plaintiff to effect service on Defendant Robin S. Bright 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 this defendant. The Clerk of Court is further

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. instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon this defendants. 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 his address changes, and the Court may dismiss the action if Plaintiff fails to do so. CONCLUSION The Clerk of Court is instructed to complete aUSM-285 form with the address for Defendant Robin S. Bright and deliver all documents necessary to effect service to the U.S. Marshals Service. SO ORDERED. Dated: March 20, 2023 White Plains, New York { Ke g

CATHY SEIBEL United States District Judge

DEFENDANT AND SERVICE ADDRESS

Robin S. Bright 200 Oak Green Drive Lawrenceville, Georgia 30044