Zheng v. Mayorkas
Zheng v. Mayorkas
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LUN ZHENG, Plaintiff, 24-CV-8999 (LJL) -against- ORDER OF SERVICE ALEJANDRO MAYORKAS; UR MENDOZA JADDOU; ANDREA QUARANTILLO, Defendants. LEWIS J. LIMAN, United States District Judge: Plaintiff, who is appearing pro se, brings this action seeking a writ of mandamus and declaratory relief. The complaint can also be understood as seeking relief under the Administrative Procedure Act. By order dated December 3, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of the filing 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.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)). To allow Plaintiff to effect service on Defendants Alejandro Mayorkas, Ur Mendoza Jaddou, and Andrea Quarantillo through the U.S. Marshals Service, the Clerk of Court is
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. instructed to fill out a U.S. Marshals Service Process Receipt and Return form (USM-285 form) for each defendant, and check the box on the USM-285 form labeled “Check for service on U.S.A.” 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,
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 (1) issue summonses for Alejandro Mayorkas, Ur Mendoza Jaddou, and Andrea Quarantillo; (2) complete the USM-285 forms with the addresses for Defendants, checking the box labeled “Check for service on U.S.A.”; and (3) deliver to the U.S. Marshals Service all documents necessary to effect service on Defendants. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. Dated: December 4, 2024 sgl ge x New York, New York wt ME ie LEWIS J. LIMAN United States District Judge
DEFENDANTS AND SERVICE ADDRESSES
Alejandro Mayorkas Secretary of the Department of Homeland Security U.S. Department of Homeland Security 2707 Martin Luther King Jr. Ave SE Washington, DC 20528 Ur Mendoza Jaddou Director of Citizenship and Immigration Services U.S. Citizenship and Immigration Services 20 Massachusetts Avenue, NW Washington, DC 20529 Andrea Quarantillo N.Y. City Field Office U.S. Citizenship and Immigration Services Jacob K. Javits Federal Building 26 Federal Plaza, 3rd Floor New York, NY 10278
Reference
- Status
- Unknown