Carlisle v. Ramos
Carlisle v. Ramos
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANTWANE CARLISLE, Plaintiff, -against- 24-CV-9790 (CS) P.O. RAMOS #0221; P.O. J. VAZQUEZ #1848; ORDER OF SERVICE P.O. ROCKWOOD #0926; S.P.O. CONSTANTINI #0518; CITY OF NEW ROCHELLE; COUNTY OF WESTCHESTER, Defendants. CATHY SEIBEL, United States District Judge: Plaintiff, who currently is detained in the Westchester County Jail, brings this action, pro se, under
42 U.S.C. § 1983, alleging that Defendants violated his federally protected rights. By order dated February 13, 2025, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.1 DISCUSSION Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on assistance from 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)).
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). 2Although 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 Defendants 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 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 a summons for Defendants P.O. Ramos #0221; P.O. J. Vazquez #1848; P.O. Rockwood #0926; S.P.O. Constantini #0518; the City of New Rochelle; and the County of Westchester, complete the USM-285 form with the address for each Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. Dated: February 18, 2025 . White Plains, New York _Chthy fake United States District Judge
SERVICE ADDRESS FOR EACH DEFENDANT Parole Officer Ramos #0221 3 Cottage Place New Rochelle, N.Y. 10801 Parole Officer J. Vazquez #1848 3 Cottage Place New Rochelle, N.Y. 10801 Parole Officer Rockwood #0926 3 Cottage Place New Rochelle, N.Y. 10801 Senior Parole Officer Constantini #0518 3 Cottage Place New Rochelle, N.Y. 10801 City of New Rochelle New Rochelle Law Department 515 North Ave New Rochelle, N.Y. 10801 County of Westchester 148 Martine Avenue White Plains, N.Y. 10601
Reference
- Status
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