Thomas v. City of New York

| USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: 2/4/2025 SHAWN RANDALL THOMAS, Plaintiff, ORDER OF SERVICE -V- 24-CV-2534 (VEC) (HJR) CITY OF NEW YORK, ET AL., Defendants.

HENRY J. RICARDO, United States Magistrate Judge.

Plaintiff is proceeding pro se and in forma pauperis. He filed this action under 42 U.S.C. § 1983 and state law, asserting claims of false arrest and imprisonment, malicious prosecution, unlawful conditions of confinement while in police custody, involuntary hospitalization for psychiatric evaluation, and intentional infliction of emotional distress.

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, 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)(8) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP).

To allow Plaintiff to effect service on Defendant Dyshawn Pitt 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 this 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 this Defendant.

The Court hereby extends the time to serve Defendant Dyshawn Pitt. If the complaint is not served within 30 days after the date of this order, 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).

The Clerk of Court is respectfully instructed to deliver to the U.S. Marshals Service all documents necessary for the U.S. Marshals Service to effect service upon Defendant Dyshawn Pitt, Shield No. 02319, 1st Precinct, 16 Ericcson Place, New York, New York 10013.

The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se litigant.

SO ORDERED.

Dated: February 4, 2025 CLL New York, New York Henf¥ J. Ricard United States Magistrate Judge