Rodriguez v. Pascal
Rodriguez v. Pascal
Trial Court Opinion
DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT □□□ SOUTHERN DISTRICT OF NEW YORK DATE FILED: __10/23/2024 _ ALVIN RODRIGUEZ, Plaintiff, -against- 24-CV-6085 (NSR) SGT. L. PASCAL; C.O. C. ORSO; C.O. B. ORDER OF SERVICE MALLON, Defendants.
NELSON S. ROMAN, United States District Judge: Plaintiff, who is appearing pro se, brings this action asserting claims that arose when he was detained at Orange County Jail. By order dated September 26, 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 assistance from 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 Sergeant. L. Pascal, Correction Officer C. Orso, and Correction Officer B. Mallon 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
‘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.
form) for each Defendant. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all of 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 directed to mail an information package to Plaintiff. The Clerk of Court is instructed to issue a summons for each Defendant, complete a USM-285 form with the address for each Defendant, and deliver to the U.S. Marshals Service all documents necessary to effect service. SO ORDERED. Dated: October 23, 2024 White Plains, New York NELSON S.ROMAN United States District Judge
SERVICE ADDRESS FOR EACH DEFENDANT
Sergeant. L. Pascal Orange County Jail 110 Wells Farm Rd. Goshen, NY 10924 Correction Officer C. Orso Orange County Jail 110 Wells Farm Rd. Goshen, NY 10924 Correction Officer B. Mallon Orange County Jail 110 Wells Farm Rd. Goshen, NY 10924
Reference
- Status
- Unknown