UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IRA MERCER, Plaintiff, -against- 24-CV-2803 (JGLC) NEW YORK CITY POLICE DEP’T-47 ORDER OF SERVICE PRECINCT DETECTIVE CHRISTOPHER SALLY, et al., Defendants. JESSICA G. L. CLARKE, United States District Judge: Plaintiff, who is appearing pro se, brings this action invoking the court’s federal question jurisdiction and asserting claims arising out of his arrest and detention based on an allegedly invalid arrest warrant. The Court construes Plaintiff’s complaint as asserting claims under

and 1985, as well as claims under state law. By order dated June 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.1 Walker v. Schult,

, 123 n.6 (2d Cir. 2013); see also

(d) (“The officers of the court shall issue and serve all

1Although 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 summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued. 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 Detective Christopher Sally, Police Officer Sutton, District Attorney Darcel D. Clark, and Court Attorney Referee Susan Schieifer

Levy 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 each defendant. 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 Defendants Detective Christopher Sally, Police Officer Sutton, District Attorney Darcel D. Clark, and Court Attorney Referee Susan Schieifer Levy, 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. The Clerk of Court is also directed to mail an information package to Plaintiff. Plaintiff may receive court documents by email by completing the attached form, Consent to Electronic Service.” SO ORDERED. Dated: June 27, 2024 New York, New York oN Nn 4, CL \eanca KA Re

JESSICA G. L. CLARKE United States District Judge

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

SERVICE ADDRESS FOR EACH DEFENDANT

Detective Christopher Sally New York City Police Department 47th Precinct 4111 Laconia Avenue Bronx, NY 10466 Police Officer Sutton, # 9820 New York City Police Department 47th Precinct 4111 Laconia Avenue Bronx, NY 10466 Darcel Clark Bronx County District Attorney Bronx District Attorney’s Office 198 E. 161 Street Bronx, NY 10451 Susa Schieifer Levy Court Attorney Referee Bronx County Family Court 900 Sheridan Avenue Bronx, NY 10451-3317 CONSENT TO ELECTRONIC SERVICE I hereby consent to receive electronic service of notices and documents in my case(s) listed below. I affirm that: 1. Ihave 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. lIunderstand 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. [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. Iunderstand that I must regularly review the docket sheet of my case so that I do not miss a filing; and 6. I understand that this consent applies only to the cases listed below and that if I 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, MI)

Address City State Zip Code

Telephone Number E-mail Address

Date Signature