Adeshina v. Combs
Adeshina v. Combs
Trial Court Opinion
UNITED STATES DISTRICT COURT USDC SDNY DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED YINKA ABOSEDE ADESHINA, DOC #: DATE FILED: 3/24/2 025 Plaintiff, 25-cv-1666 (MKV) -against- ORDER OF SERVICE SEAN COMBS, Defendant. MARY KAY VYSKOCIL, United States District Judge: Plaintiff, who resides in Florida and is appearing pro se, brings this action invoking the Court’s diversity jurisdiction and asserting state law claims. By order dated February 27, 2025, the court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees. Because Plaintiff has been granted permission to proceed IFP, she is entitled to assistance from the Court and the U.S. Marshals Service to effect service.1 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)). To allow Plaintiff to effect service 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 1Although 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. the Marshals Service all of the paperwork necessary for the Marshals Service to effect service on Defendant. If the complaint is not served within 90 days after the date summons 1s 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 her 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 Defendant, complete the USM- 285 form with the address for Defendant, and deliver to the U.S. Marshals Service all documents necessary to effect service. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. Dated: March 24, 2025 New York, New York / {/ Ly / United States District Judge
SERVICE ADDRESS FOR EACH DEFENDANT
Sean John Combs Reg. No. 37452-054 Brooklyn MDC 80 29th Street Brooklyn, NY 11232
Reference
- Status
- Unknown