Vann v. Wolfe-Friedman

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 10/03/2023 KOURIOCKEIN VANN, Plaintiff, -against- 23-CV-236 (NSR) DR. JANICE WOLFE-FRIEDMAN; DR. ORDER OF SERVICE MIKAIL GUSMAN; DR. HELENA KOROBKOVA, Defendants.

NELSON S. ROMAN, United States District Judge: Plaintiff, who is currently incarcerated at Woodbourne Correctional Facility, brings this pro se action under 42 U.S.C. § 1983, alleging that Defendants violated his constitutional rights.

By order dated September 22, 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.” 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).

' Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(1). ? Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that summonses be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the summonses and the amended complaint until the Court reviewed the amended complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued.

To allow Plaintiff to effect service on Defendants Dr. Janice Wolfe-Friedman, Dr. Mikail Gusman, and Dr. Helena Korobkova 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 these Defendants. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendants.

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, 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 his address changes, and the Court may dismiss the action if Plaintiff fails to do so.

CONCLUSION The Clerk of Court is instructed to issue summonses for Dr. Janice Wolfe-Friedman, Dr. Mikail Gusman, and Dr. Helena Korobkova, complete the USM-285 forms with the addresses for these Defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service.

The Clerk of Court is further directed to send a copy of this Order and an information package to Plaintiff at Plaintiffs address listed on ECF and to show service on the docket.

SO ORDERED.

Dated: October 3, 2023 White Plains, New York NELSON S.ROMAN United States District Judge DEFENDANTS AND SERVICE ADDRESSES Dr. Janice Wolfe-Friedman Sullivan Correctional Facility Riverside Drive, P.O. Box 116 Fallsburg, New York 12733 Dr. Mikail Gusman Sullivan Correctional Facility Riverside Drive, P.O. Box 116 Fallsburg, New York 12733 Helena Korobkova Sullivan Correctional Facility Riverside Drive, P.O. Box 116 Fallsburg, New York 12733