UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JIMMY AVILA, Plaintiff, “agains 23-CV-10260 (PAF) ACACIA NETWORK; AJA DOUGLAS; 1212 GRANT REALTY, LLC; MANNY STEIN; ORDER OF SERVICE CAREN ABATE, OMH DIRECTOR OF HOUSING/NYC FIELD OFFICE, Defendants.

PAUL A, ENGELMAYER, United States District Judge: Plaintiff brings this pro se action asserting a claim of disability-based retaliation under the Fair Housing Act (“FHA”) and “similar State and Local Fair Housing Laws.” (ECF No. 1 at 2-3.). By order dated January 11, 2024, the court granted Plaintiffs 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,

, 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)).

‘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 ts filed, Plaintiff is proceeding HP and could not have effected service until the Court reviewed the complaint and ordered that any summonses be issued. ‘he Court therefore extends the time to serve until 90 days after the date any summonses issue.

To allow Plaintiff to effect service on Defendants Acacia Network, Aja Douglas, 1212 Grant Realty LLC, Manny Stein, and Caren Abate, OMH Director of Housing/NYC Field Office 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 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,

(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 a summons for Acacia Network, Aja Douglas, 1212 Grant Realty LLC, Manny Stein, and Caren Abate, OMH Director of Housing/NYC Field Office, complete the USM-285 form with the address for each Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. Plaintiff may receive court documents by email by completing the attached form, Consent to Electronic Service.”

2 Tf Plaintiff consents to receive documents by email, Plaintiff will no longer receive court documents by regular mail.

The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. Dated: June 27, 2024 New York, New York P irl A C, ; PAULA. ENGELMAYBR =” United States District Judge

SERVICE ADDRESSES FOR DEFENDANTS 1. Acacia Network 300 East 175th Street Bronx, New York 10451 2. Aja Douglas Acacia Network 1628 University Avenue Bronx, New York 10453 3. 1212 Grant Realty LLC 829 Greenwood Avenue Brooklyn, New York 11218 4, Manny Stein 829 Greenwood Avenue Brooklyn, New York 11218 5, Caren Abate, OMH Director of Housing/NYC Field Office 330 Fifth Avenue, 9th Floor New York, New York 10001

CONSENT TO ELECTRONIC SERVICE { hereby consent to receive electronic service of notices and documents in my case(s) listed below. I affirm that: 1. [have regular access to my e-mail account and to the internet and will check regularly for Notices of Electronic Filing; 2. Ihave established a PACER account; 3. Tunderstand that electronic service is service under Rule 5 of the Federal Rules of Civil Procedure and Rule 5.2 of the Local Civil Rules, and that I will no longer receive paper copies of case filings, including motions, decisions, orders, and other documents; 4, 1 will promptly notify the Court if there is any change in my personal data, such as name, address, or e-mail address, or if | wish to cancel this consent to electronic service; 5. [understand that | must regularly review the docket sheet of my case so that I do not miss a filing; and 6. [understand that this consent applies only to the cases listed below and that if file additional cases in which I would like to receive electronic service of notices of documents, I must file consent forms for those cases. Civil case(s) filed in the Southern District of New York: Please list all your pending and terminated cases to which you would like this consent to apply. For each case, include the case name and docket number (for example, John Doe v. New City, 10- CV-01234).

Name (Last, First, MD

Address City State Zip Code

Felephone Number E-mail Address

Bate Signature

Glick Here to Save

ses Diszp er Gs <a) 3 Eine 4\ United States District Court wes; Southern District of New York Ry): Drsraiet Of Pro Se (Nonprisoner) Consent to Receive Documents Electronically Parties who are not represented by an attorney and are not currently incarcerated may choose to receive documents in their cases electronically (by e-mail) instead of by regular mail. Receiving documents by regular mail is still an option, but if you would rather receive them only electronically, you must do the following: 1. Sign up for a PACER login and password by contacting PACER! at www.pacer.uscourts,gov or 1-800-676-6856; 2. Complete and sign this form. If you consent to receive documents electronically, you will receive a Notice of Electronic Filing by e- mail each time a documentis filed in your case. After receiving the notice, you are permitted one “free look” at the document by clicking on the hyperlinked document number in the e-mail.? Once you click the hyperlink and access the document, you may not be able to access the document for free again. After 15 days, the hyperlink will no longer provide free access. Any time that the hyperlink is accessed after the first “free look” or the 15 days, you will be asked for a PACER login and may be charged to view the document. For this reason, you should print or save the document during the “free look” to avoid future charges. EMPORTANT NOTICE Under Rule 5 of the Federal Rules of Civil Procedure, Local Civil Rule 5.2, and the Court's Electronic Case Filing Rules & Instructions, documents may be served by electronic means. If you register for electronic service: 1. You will no longer receive documents in the mail; 2. Ifyou do not view and download your documents during your “free look” and within 15 days of when the court sends the e-mail notice, you will be charged for looking at the documents; 3. This service does not allow you to electronically file your documents; 4, It will be your duty to regularly review the docket sheet of the case.

1 Public Access to Court Electronic Records (PACER) (www.pacer.uscourts.gov) is an electronic public access service that allows users to ebtain case and docket information from federal appellate, district, and bankruptcy courts, and the PACER Case Locator over the internet. 2 You must review the Court’s actual order, decree, or judgment and not rely on the description in the email notice alone. See ECF Rule 4.3 3 The docket sheet is the official record of all filings in a case. You can view the docket sheet, including images of electronically filed documents, using PACER or you can use one of the public access computers available in the Clerk’s Office at the Court. PRO SE INTAKE WINDOW LOCATIONS: 40 FOLEY SQUARE| NEW YORK, NY 10007 300 QUARROPAS STREET | WHITE PLAINS, NY 10601 MAILING ADDRESS: 500 PEARL STREET | NEW YorK, NY 10007 PRO SE INTAKE UNIT: 212-805-0136