UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDC SDNY DOCUMENT OMAR WASHINGTON, ELECTRONICALLY FILED DOC #: Plaintiff, DATE FILED: __11/07/2024 against: 24-CV-7630 (NSR) DANIEL MARTUSCELLO ITI; LT. CLARENCE FISHER; SGT. MARIBEL ORDER OF SERVICE LOPEZ; SGT. LATESHA BELL; OFFICER KAYLA WHITE, Defendants.

NELSON S. ROMAN, United States District Judge: Plaintiff, who currently is incarcerated at Sing Sing Correctional Facility, brings this action, pro se, under

, alleging that Defendants violated his rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act. By order dated November 4, 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,

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

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

' Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. See

(b)(1). 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.

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 Commissioner Daniel Martuscello III, Lieutenant Clarence Fisher, Sergeant Maribel Lopez, Sergeant Latesha Bell, and Office Kayla White 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 these 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 directed to issue a summons for each Defendant, 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 further directed to mail an information package to Plaintiff. SO ORDERED. Dated: November 7, 2024 White Plains, New York NELSON S.ROMAN United States District Judge

SERVICE ADDRESS FOR EACH DEFENDANT

Commissioner Daniel Martuscello III New York State Department of Corrections and Community Supervision The Harriman State Campus, Building #2 1220 Washington Avenue Albany, NY 12226-2050 Sergeant Maribel Lopez Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 Lieutenant Clarence Fisher Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 Sergeant Latesha Bell Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 Officer Kayla White Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562