Samuels v. Cornell Tech

District Court, S.D. New York

Samuels v. Cornell Tech

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JUSTIN SAMUELS, Plaintiff, : 24-CV-1946 (JGK) -against- CORNELL TECH; CITY UNIVERSITY OF NEW ORDER OF SERVICE YORK (CUNY), Defendants. JOHN G. KOELTL, United States District Judge: Plaintiff, who is appearing pro se, brings this action under federal and state laws, alleging discrimination, By order dated April 24, 2024, 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.! 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 Defendants Cornell Tech and CUNY 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 Defendants. The Clerk of Court is

‘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 effected service until the Court reviewed the complaint and ordered that any summonses be issued. ‘The Court therefore extends the time to serve until 90 days after the date any summonses issue.

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 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 Cornell Tech and CUNY, complete the USM-285 form 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 instructed to mail an information package to Plaintiff. SO ORDERED. Dated: a . “is □□□ Sreleflecte — fact nited States District Judge

DEFENDANTS AND SERVICE ADDRESSES

Cornell Tech 2 W. Loop Road New York, New York 10044 2. CUNY University Offices 205 East 42"¢ Street New York, New York 10017

Reference

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