WAITED STATES DISTRICT COURT, | RIBGMONCALLY FLED LUIS TORO, | DATE EDU Plaintiff, 23-CV-5834 (JHR) (BCM) -against- ORDER GIJUNGLE, INC., Defendant.

BARBARA MOSES, United States Magistrate Judge. Plaintiff Luis Toro filed a complaint on July 7, 2023 (Dkt. 1), and a proof of service on July 24, 2023, reflecting service of a summons that day (Dkt. 8), which if valid would have made defendant's answer due August 11, 2023. Defendant has not appeared, and no answer has been filed, nor has plaintiff requested a certificate of default. However, plaintiff's service appears to be deficient, because the summons (Dkt. 8 at ECF pp. 3-4) was not issued by this Court, and "did not contain the court clerk's signature and the court's seal." DeLuca v. AccessIT Grp., Inc.,

(S.D.N.Y. 2010); see also Fed. R. Civ. P. 4(a)(1)(F)-(G) (describing required contents of summons). Additionally, the summons served by plaintiff incorrectly describes this action as one for "an unpaid consumer debt." (Dkt. 8 at ECF p. 3.) Plaintiff is reminded that it is his responsibility to serve a summons that meets the requirements of Fed. R. Civ. P. 4(a)(1), and to do so within 90 days after the filing of his complaint, see Fed. R. Civ. P. 4(m) — that is, no later than October 5, 2023. Dated: New York, New York SO ORDERED. August 18, 2023 ead BARBARA MOSES sis United States Magistrate Judge