UNITED STATES DISTRICT COURT USDC SDNY DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: JUNIOUS NIELSEN, DATE FILED: 8/2/20 23 Plaintiff, 23-cv-5824 (MKV) -against- ORDER OF SERVICE DAVE & BUSTER’S, INC., Defendant. MARY KAY VYSKOCIL, United States District Judge: Plaintiff brings this pro se employment discrimination action under

; Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17; and the New York State Human Rights Law. Plaintiff alleges that Defendant discriminated against him by failing to hire him because of his race and national origin. By order dated July 11, 2023, 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.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 properly effect service 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 Dave & Buster’s, Inc. 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 instructed to issue a summons and deliver to the Marshals Service all of 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 summonses are 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. A. Request for Pro Bono Counsel Plaintiff has filed an application for the Court to request pro bono counsel. (ECF 5.) The factors to be considered in ruling on an indigent litigant’s request for counsel include the merits of the case, Plaintiff’s efforts to obtain a lawyer, and Plaintiff’s ability to gather the facts and present the case if unassisted by counsel. See Cooper v. A. Sargenti Co.,

(2d

Cir. 1989); Hodge v. Police Officers,

(2d Cir. 1986). Of these, the merits are “[t]he factor which command[s] the most attention.” Cooper,

. Because it is too early in the proceedings for the Court to assess the merits of the action, Plaintiff’s motion for counsel is denied without prejudice to renewal at a later date. CONCLUSION The Court denies Plaintiff’s request for pro bono counsel (ECF 5). The Clerk of Court is directed to mail an information package to Plaintiff. The Clerk of Court is further instructed to issue a summons for Defendant Dave & Buster’s, Inc., complete the USM-285 form with the address for this defendant, and deliver to the U.S. Marshals Service all documents necessary to effect service. The Court certifies under

(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis 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). SO ORDERED. Dated: August 2, 2023 New York, New York / (/ La nited States District Judge

DEFENDANTS AND SERVICE ADDRESSES

Dave & Buster’s, Inc. 1 Miracle Drive Marketplace Mall Henrietta, NY 14624

Dave & Buster’s, Inc. 1221 S. Beltline Rd Ste. 500 Coppell, TX 75019