Cheng v. Obasi

District Court, S.D. New York

Cheng v. Obasi

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHENG-WEN CHENG, Plaintiff, 24-CV-1576 (AS) -against- ORDER OF SERVICE ONYEKA OBASI; JAHRIL TAFARI BELL; MARIE NOEL NSANA, Defendants. ARUN SUBRAMANIAN, United States District Judge: Plaintiff, who currently is incarcerated at the Federal Medical Center in Rochester, Minnesota, brings this action, pro se, alleging federal and state law claims. By order dated March 4, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.1 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.2 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 Onyeka Obasi, Jahril Tafari Bell, and Marie Noel Nsana 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 Defendants. The

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

28 U.S.C. § 1915

(b)(1). 2 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 served summonses and the complaint 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. 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,

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 summonses for Obasi, Bell, and Nsana, complete the USM-285 forms with the addresses for Defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail Plaintiff an information package. SO ORDERED. Dated: March 11, 2024 New York, New York

United States District Judge

DEFENDANTS AND SERVICE ADDRESSES

Onyeka Obasi 504 W 136th Street, Apt. 3E New York, NY 10031 Jahril Tafari Bell 1209 42nd Place Washington, D.C. 20019 Marie Noel Nsana 7 Covington Ct, Unit G East Brunswick, NJ 08816

Reference

Status
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