UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DIAMOND CHANEL SIMMONS, Plaintiff, -against- 25-CV-8613 (CS) CITY OF WHITE PLAINS; SPCA OF ORDER OF SERVICE WESTCHESTER; DETECTIVE FERDINANDO “FRED” CIANCI; SERGEANT TODD HORGAN; ERNEST LUNGARO, Defendants. CATHY SEIBEL, United States District Judge: Plaintiff, who is appearing pro se, brings this action under

, alleging that Defendants violated her federal constitutional rights.1 By order dated October 28, 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, she is entitled to rely on the Court and the U.S. Marshals Service to effect service.2 Walker v. Schult,

, 123 n.6 (2d Cir. 2013); see also

(d) (“The officers of the court shall issue and serve

1 Plaintiff filed the complaint in this action on October 17, 2025. On October 29, 2025, without a directive from the court, Plaintiff filed an amended complaint. (ECF 7.) The amended complaint is the operative pleading. 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. 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). To allow Plaintiff to effect service on Defendants City of White Plains, SPCA of Westchester, Detective Ferdinando “Fred” Cianci, Sergeant Todd Horgan, and Ernest Lungaro

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 the 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 the 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 her 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 City of White Plains, SPCA of Westchester, Detective Ferdinando “Fred” Cianci, Sergeant Todd Horgan, and Ernest Lungaro; 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: Octobe 31, 2025 White Plains, New York ( Ath, CATWY SEIBEL United States District Judge

SERVICE ADDRESS FOR EACH DEFENDANT

City of White Plains 255 Main Street White Plains, NY 10601 Detective Fred Cianci White Plains Police Department 77 South Lexington Ave. White Plains, NY 10601 Sergeant Todd Horgan White Plains Police Department 77 South Lexington Ave. White Plains, NY 10601 SPCA of Westchester 590 North State Road Briarcliff Manor, NY 10510 Ernest Lungaro Director of Human Law Enforcement SPCA of Westchester 590 North State Road Briarcliff Manor, NY 10510