DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOR SOUTHERN DISTRICT OF NEW YORK DATE FILED: _ 9/9/2025 □□□ SPENCER T. CRUMBSIE Plaintiff, 25-CV-0229 (NSR) ~against- SUPPLEMENTAL ORDER OF OFFICER WARTHWOOD etal., SERVICE Defendants. NELSON S. ROMAN, United States District Judge: Plaintiff, who is currently incarcerated and proceeding pro se, brings this action under

alleging that Defendants, three correction officers at Elmira Correctional Facility, violated his constitutional rights. By order dated February 6, 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, Plaintiff is entitled to rely on the Court and the U.S. Marshals Service to effect service. 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)). DISCUSSION On January 3, 2025, Plaintiff filed a Complaint against Officer Warthwood, Officer John Doe No. 1, and Officer John Doe No. 2 (ECF No. 1). On August 12, 2025, Officer Warthwood was personally served with Plaintiff’s Summons and Complaint. On March 20, 2025, Plaintiff filed, but did not serve, an Amended Complaint identifying Officer John Doe No. | as Officer Lambert

' Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. See

(b)(1).

and John Doe No. 2 as Officer Barbereiri (ECF No. 12). On September 2, 2025, Defendants notified the Court in writing that the correct name of Officer Warthwood is Officer Jason Wharwood and that Officer John Doe No. 3 is Officer Joseph Barbieri. To allow Plaintiff to effect service on Defendants 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 Defendants, noting the updated names and addresses. 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 Defendants. If the Amended 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,

(2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension). 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 correct Defendant Officer Warthwood as Officer Jason

Wharwood. The Clerk of Court is instructed to issue summonses for Defendants Correction Officer Jason Wharwood, Correction Officer Joseph Barbieri, and Correction Officer Lambert, complete the USM-285 form with the address for Defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail a copy of this Order to Plaintiff and show service on the docket. Local Civil Rule 33.2 applies to this action.

SO ORDERED. pantie, cor ae >? Dated: September 9, 2025 a uns White Plains, New York fo ¢ NYT anne Ne ee es pune NELSON S. ROMAN United States District Judge

DEFENDANTS AND SERVICE ADDRESSES Correction Officer Jason Wharwood Elmira Correction Facility 1879 Davis Street P.O. Box 500 Elmira, New York 14901

Correction Officer Lambert Elmira Correction Facility 1879 Davis Street P.O. Box. 500 Elmira, New York 14901

Correction Officer Joseph Barbieri Elmira Correction Facility 1879 Davis Street P.O. Box 500 Elmira, New York 14901