UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LAMAR TINDALL, Plaintiff, 24-CV-9831 (CS) -against- ORDER OF SERVICE UNITED STATES OF AMERICA, Defendant. CATHY SEIBEL, United States District Judge: Plaintiff, who currently is incarcerated at F.C.I. Otisville in Otisville, New York, brings this action pro se under the Federal Tort Claims Act. By order dated February 21, 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 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 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

(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 the United States of America 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 also instructed to: (1) mark the box on the USM-285 form labeled “Check for service on U.S.A.”; (2) issue a summons; and (3) deliver to the Marshals Service a copy of this order and all other paperwork necessary for the Marshals Service to effect service on the United States of America. If the complaint is not served within 90 days after the date the summons 1s 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 instructed to issue a summons for the United States of America, complete the USM-285 form with the address for Defendant, mark the box on the USM-285 form labeled “Check for service on U.S.A,” and deliver all documents necessary to effect service on the United States through the U.S. Marshals Service. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. Dated: February 26, 2025 White Plains, New York hake United States District Judge

ADDRESSES FOR SERVICE ON THE UNITED STATES United States of America 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 United States Attorney for the Southern District of New York Civil Division 86 Chambers Street, 3rd Floor New York, NY 10007 Federal Bureau of Prisons 320 First Street, NW Washington, DC 20534