Colliton v. TEG FCU

District Court, S.D. New York

Colliton v. TEG FCU

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JAMES COLLITON, Plaintiff, 23-CV-5308 (KMK) -v.- ORDER OF SERVICE TEG FCU, Defendant. KENNETH M. KARAS, United States District Judge: Plaintiff brings this pro se Action under the Equal Credit Opportunity Act, the Americans with Disabilities Act (“ADA”), and

42 U.S.C. § 1981

, alleging that Defendant discriminated against him because of his race and disability. By order dated June 28, 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,

717 F.3d. 119

, 123 n.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). To allow Plaintiff to effect service on Defendant TEG FCU through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and

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. 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,

682 F.3d 56, 63

(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 as to Defendant TEG FCU, complete the USM-285 form with the address for this Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further instructed to mail an information package to Plaintiff.

SO ORDERED. Dated: October 2, 2023 New York, New York KENNETH M. KARAS United States District Judge DEFENDANT AND SERVICE ADDRESS TEG FCU 1 Commerce St. Poughkeepsie, NY 12603

Reference

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