UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PATRICK OBAH, Plaintiff, 24-CV-7203 (JAV) -against- ORDER OF SERVICE DEPARTMENT OF EDUCATION, Defendant. JEANNETTE A. VARGAS, United States District Judge: Plaintiff, who is proceeding pro se, brings this action under Title VII of the Civil Rights Act of 1964 (“Title VII”), and the New York State and City Human Rights Laws, alleging that the New York City Department of Education (“DOE”) discriminated against him based on his race and national origin.1 By order dated October 8, 2024, the court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. DISCUSSION 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,

, 123 n.6 (2d Cir. 2013); see also

(d) (“The officers of the court shall issue and serve all

1 By order dated October 25, 2024, the Honorable Laura Taylor Swain, in her capacity as Chief Judge, dismissed the complaint, but granted Plaintiff leave to replead his claims in an amended complaint. (ECF No. 5). Plaintiff filed an amended complaint on February 10, 2025. (ECF No. 10). The amended complaint is the operative pleading. 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. 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 Defendant DOE 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 Defendant. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendant. If the 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,

(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 directed to issue a summons for Defendant, complete the USM-285 form with the address for Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. Dated: February 24, 2025 , New York, New York {_ EEREAAL, □□ □□□ tite JEANNETTE A. VARGAS ‘United States District Judge

SERVICE ADDRESS FOR DEFENDANT

New York City Department of Education 1230 Zerega Avenue Bronx, NY 10456