Latouche v. Bodge
Latouche v. Bodge
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VALERY LaTOUCHE, Plaintiff, -against- 25-CV-1856 (PMH) LIEUTENANT BRIAN J. BODGE, OF SING ORDER OF SERVICE SING CORRECTIONAL FACILITY; ELAINE VELEZ, DEPT. SUPT. OF PROGRAMS OF SING SING CORRECTIONAL FACILITY, Defendants. PHILIP M. HALPERN, United States District Judge: Plaintiff, who currently is incarcerated at Sing Sing Correctional Facility, brings this action, pro se, under
42 U.S.C. § 1983, alleging that Defendants violated his federal constitutional rights. By order dated March 24, 2025, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.1 (Doc. 6). 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,
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 Brian J. Bodge and Elaine Velez 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 each of these 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 these 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 directed to issue summonses for Brian J. Bodge and Elaine Velez, 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 further directed to mail an information package to Plaintiff.
SO ORDERED. Dated: White Plains, New York March 27, 2025 Pou PHILIPM. HALPERN” United States District Judge
SERVICE ADDRESS FOR EACH DEFENDANT
Lieutenant Brian J. Bodge Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 Deputy Superintendent Elaine Velez Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562
Reference
- Status
- Unknown