UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANTHONY HORTON, Plaintiff, ORDER OF SERVICE

-against- 25-CV-6315 (PMH) MARY ASHONG, et al., Defendants. PHILIP M. HALPERN, United States District Judge: Plaintiff, who is currently incarcerated at Green Haven Correctional Facility, brings this action, pro se, under

, alleging that Defendants failed to provide him with constitutionally adequate medical care. The Court construes the complaint as also asserting claims under the Americans with Disabilities Act of 1990. By order dated August 28, 2025, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.1 0F 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.2 Walker v. Schult,

, 123 n.6 1F (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).

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

(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 Mary Ashong, Dr. Mark Stillman, Billie Tuohy, Susanna Nayschuler, Carol A. Moores, and John Serhan 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,

(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 further instructed to issue summonses for Mary Ashong, Dr. Mark Stillman, Billie Tuohy, Susanna Nayschuler, Carol A. Moores, and John Serhan, complete the USM-285 form with the address for these defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. Dated: White Plains, New York October 29, 2025 (a ( PHILIP M. HALPERN United States District Judge

SERVICE ADDRESS FOR EACH DEFENDANT

Dr. Mark Stillman Deputy of Facility Health Services Green Haven Correctional Facility 594 Rt. 216 Stormville, NY 12582-0010 Billie Tuohy Deputy Superintendent of Health Green Haven Correctional Facility 594 Rt. 216 Stormville, NY 12582-0010 Susanna Nayshuler Regional Health Administrator New York State Department of Corrections and Community Supervision 1220 Washington Avenue #9 Albany, NY 12226 John Serhan Audiologist Green Haven Correctional Facility 594 Rt. 216 Stormville, NY 12582-0010 Carol Moores Chief Medical Officer New York State Department of Corrections and Community Supervision 1220 Washington Avenue Albany, NY 12226 Mary Ashong Medical Provider Green Haven Correctional Facility 594 Rt. 216 Stormville, NY 12582-0010