Hamilton v. Greene

District Court, S.D. New York

Hamilton v. Greene

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LESHAWN X. HAMILTON, Plaintiff, 25-CV-5647 (JGLC) -against- ORDER OF SERVICE C.O. B. GREENE, SHIELD #372, Defendant. JESSICA G. L. CLARKE, United States District Judge: Plaintiff, who is currently detained at Orange County Jail, brings this action pro se. He alleges that Defendant confiscated his Bible and legal materials in violation of his rights. By order dated July 14, 2025, the Court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees.1 ECF No. 5. DISCUSSION Because Plaintiff has been granted permission to proceed IFP, he is entitled to assistance from the Court and the U.S. Marshals Service to effectuate 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 in forma pauperis. 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 Defendant B. Greene 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 of the paperwork necessary for the Marshals Service to effect service upon Defendant. If the 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,

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 respectfully directed to mail an information package to Plaintiff. The Clerk of Court is further directed to issue a summons for Defendant B. Greene, complete the USM-285 form with the address for Defendant, and deliver to the U.S. Marshals Service all documents necessary to effect service. Dated: July 16, 2025 New York, New York SO ORDERED.

JESSICAG.L.CLARKE sit” United States District Judge

SERVICE ADDRESS FOR EACH DEFENDANT

Correction Officer B. Greene, Shield #372 Orange County Jail 110 Wells Farm Road Goshen, New York 10924

3

Reference

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