Jaime v. New York State Officers

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X LUIS JAIME, Plaintiff, 24 Civ. 266 (DEH) (GS) -against- ORDER

NEW YORK STATE OFFICERS, et al., Defendants. -----------------------------------------------------------------X GARY STEIN, United States Magistrate Judge: By Order dated February 14, 2024, the Court granted Plaintiff’s application to proceed in forma pauperis (“IFP”). (Dkt. No. 5). He is therefore entitled to rely on the Court and the U.S. Marshals Service to effect service on Defendants. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3); see also Dkt. No. 7 at 2.

On October 3, 2024, the Court directed the Clerk of Court to fill out a U.S. Marshals Service Process Receipt and Return form (USM-285 form) for Defendants.

However, based on the docket, it appears that this did not occur. Therefore, the Clerk of Court is again directed to fill out a U.S. Marshals Service Process Receipt and Return form (USM-285 form) for Defendants Michael Desharnais, Steven Bilka, Matthew Maldonado, Christopher Chester, Christopher Roca, Pasquale Cugliandro, Michael McKee, and Tyron Patterson using the address appended to this Order.

The Clerk 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 second amended 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 plaintiffs responsibility to request an extension of time for service).! Plaintiff also must notify the Court if his address changes, and the Court may dismiss the action if Plaintiff fails to do so.

SO ORDERED.

DATED: New York, New York January 6, 2025 Mea The esl Gary Stein United States Magistrate Judge Although Fed. R. Civ. P. generally requires that a summons be served within 90 days of the date the complaint is filed, the Court extends the time to serve Defendants until 90 days after the date the summons is issued because Plaintiff is now proceeding IFP.

New York County Criminal Court Centre Street New York, NY 10013 2. Court Officer Steven Bilka New York County Criminal Court Centre Street New York, NY 10013 3. Court Officer Matthew Maldonado New York County Criminal Court Centre Street New York, NY 10013 4. Court Officer Christopher Chester New York County Criminal Court Centre Street New York, NY 10013 5. Court Officer Tyron Patterson New York County Criminal Court Centre Street New York, NY 10013 6. Court Officer Christopher Roca New York County Criminal Court Centre Street New York, NY 10013 7. Senior Court Officer Pasquale Cugliandro New York County Criminal Court Centre Street New York, NY 10013 8. Major Michael Mckee New York County Criminal Court Centre Street New York, NY 10013