Ahmad v. City of New York
Ahmad v. City of New York
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RASHEED AHMAD, Plaintiff, -against- 25-CV-6675 (ER) CITY OF NEW YORK; METROPOLITAN ORDER OF SERVICE TRANSPORTATION AUTHORITY; TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY; OFFICER BRIAN HU, Defendants. EDGARDO RAMOS, United States District Judge: Plaintiff, who is appearing pro se, brings this action under
42 U.S.C. § 1983, alleging that Defendants violated his federal constitutional rights. He also asserts claims under state law. By order dated August 19, 2025, 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.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).
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. To allow Plaintiff to effect service on Defendants City of New York, Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority, and Office Brian Hu 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 Defendants City of New York, Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority, and Office Brian Hu, 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 also directed to mail an information package to Plaintiff. SO ORDERED. pa’ New York. New York AEE & \ Boe EDGARDORAMOS/ United States District Judge
SERVICE ADDRESS FOR EACH DEFENDANT
The City of New York New York City Law Department 100 Church Street New York, NY 10007 Metropolitan Transportation Authority Department of Law – Claims 130 Livingston Street, 10th Floor Brooklyn, NY 11201 Triborough Bridge and Tunnel Authority 2 Broadway New York, NY 10004 Office Brian Hu Triborough Bridge and Tunnel Authority 2 Broadway New York, NY 10004
Reference
- Status
- Unknown