Aranguren v. Harris

• Court: District Court, S.D. New York
• Decided: July 28, 2023
• Docket: 1:23-cv-06307
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JEAN C. ARANGUREN, Plaintiff, 23-CV-6307 (LJL) -against- ORDER OF SERVICE RHONDA HARRIS; GAY MEN’S HEALTH CRISIS, Defendants. LEWIS J. LIMAN, United States District Judge: Plaintiff brings this pro se action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e to 2000e-17; the Age Discrimination in Employment Act of 1967 (ADEA), 28 U.S.C. §§ 621 – 634; 42 U.S.C. § 1981, and the New York State and City Human Rights Laws. He alleges that his employer discriminated against him based on his national origin, race, sex, and age. By order dated July 21, 2023, 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)). 1 Although 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 summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued. To allow Plaintiff to effect service on Defendants Rhonda Harris and Gay Men’s Health Crisis 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 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 Defendants. If the complaint is not served within 90 days after the date the 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 mail an information package to Plaintiff. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Defendants Rhonda Harris and Gay Men’s Health Crisis and deliver to the U.S. Marshals Service all documents necessary to effect service. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: 728-23 □ New York, New York wt MR ao LEWIS J. LIMAN United States District Judge

DEFENDANTS AND SERVICE ADDRESSES Rhonda Harris Gay Men’s Health Crisis 307 West 38th Street New York, NY 10018 Gay Men’s Health Crisis 307 West 38th Street New York, NY 10018