Weise v. U.S. Department of State

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WOLFGANG WEISE, Plaintiff, 24-CV-5760 (LJL) -against- ORDER OF SERVICE U.S. DEPARTMENT OF STATE, Defendant.

LEWIS J. LIMAN, United States District Judge: Plaintiff, who is appearing pro se, brings this action seeking action by the U.S. Department of State on his updated passport application and money damages. The Court construes the complaint as seeking mandamus relief under 28 U.S.C. § 1361. By order dated August 5, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. The Court directs the Clerk of Court to effect service on the U.S. Department of State.

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, 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)).

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 any summonses be issued. The Court therefore extends the time to serve until 90 days after the date any summonses issue.

To allow Plaintiff to effect service on Defendant 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 Defendant. The Clerk of Court is further instructed to mark the box on the USM-285 form labeled “Check for service on U.S.A.,” issue a summons, and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendant.

If the complaint is not served within 90 days after the date the summons is 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 a summons for Defendant, complete the USM- form with the address for Defendant, mark the box on the USM-285 form labeled “Check for service on U.S.A.,” and deliver all documents necessary to effect service to the U.S. Marshals Service.

The Clerk of Court is directed to mail an information package to Plaintiff.

SO ORDERED.

Dated: November 25, 2024 New York, New York wt SR a ‘ ———— LEWIS J. LIMAN United States District Judge SERVICE ADDRESS FOR EACH DEFENDANT 1. United States Department of State 2201 C Street, NW Washington, D.C. 20520 2. Attorney General of the United States United States Department of Justice Pennsylvania Avenue, NW Washington, D.C. 20530 3. United States Attorney Southern District of New York Civil Division Chambers Street, 3rd Floor New York, New York 10007