Wilfred Labossiere v. Montefiore (Mount Vernon) Post Surgery Staff John/Jane...

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WILFRED LABOSSIERE, Plaintiff, -against- 21-CV-10541 (CS) MONTEFIORE (MOUNT VERNON) POST ORDER OF SERVICE SURGERY STAFF JOHN/JANE DOE 6/28/19, et al., Defendants.

CATHY SEIBEL, United States District Judge: On July 29, 2025, the Court granted summary judgment on behalf of Defendant Jacob Schupak and granted Plaintiff leave to amend his complaint to add Leonie McDonald, who the parties agreed to be the correct defendant in the instant action. (See Minute Entry dated July 29, 2025.) The Court also directed Defendants’ counsel to provide the service address for McDonald, (id.), and counsel filed a letter supplying this information on September 11, 2025, (ECF No. 117). Plaintiff, who is now represented by counsel, (see ECF No. 123), filed the Fifth Amended Complaint on November 23, 2025, (ECF No. 129).

Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on assistance from the Court and the United States Marshals Service (“USMS”) 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

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 that any summonses issue. 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).

To allow Plaintiff to effect service on McDonald, the Clerk of Court is instructed to fill out the USMS Process Receipt and Return form (“USM-285 forms”) for her. The Clerk of Court is further instructed to issue a summons and deliver to the USMS all the paperwork necessary for the USMS to effect service upon McDonald.

CONCLUSION The Clerk of Court is instructed to issue a summons for Defendant McDonald, complete the USM-285 form with her address, and deliver all documents necessary to effect service to the U.S. Marshals Service.

SO ORDERED.

Dated: November 24, 2025 White Plains, New York AaskeR ohh DEFENDANT AND SERVICE ADDRESS 1. Leonie McDonald Counsel’s Office New York State Department of Corrections & Community Supervision 1220 Washington Avenue, Building 4 Albany, New York 12226