Bal v. U.S. Department of the Treasury

Opinion

UNITED STATES DISTRICT COURT USDC SDNY DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: JOHN BAL, DATE FILED: 7/13/20 21 Plaintiff, 21-CV-4702 (MKV) -against- ORDER OF SERVICE UNITED STATES DEPARTMENT OF THE TREASURY, Defendant. MARY KAY VYSKOCIL, United States District Judge: By order dated June 4, 2021, the Court granted Plaintiff leave to proceed in forma pauperis (“IFP”). 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. 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)). Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that the summons and complaint be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the summons and complaint until the Court reviewed the complaint and ordered that a summons be issued. The Court therefore extends the time to serve until 90 days after the date the summons is issued. If the complaint is not served within that time, 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); see also Murray v. Pataki, 378 F. App’x 50, 52 (2d Cir. 2010) (“As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals’ failure to effect service automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule 4(m).”). To allow Plaintiff to effect service on Defendant United States Department of the Treasury through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a US. Marshals Service Process Receipt and Return form (“USM-285 form’’) for this defendant. The Clerk of Court is further instructed to (1) mark the box on the USM-285 forms labeled “Check for service on U.S.A.”; (2) issue a summons; and (3) deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon this defendant. 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 a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to (1) complete the USM-285 forms with the address for the United States Department of the Treasury; (2) check the box on the USM-285 forms labeled “Check for service on U.S.A.”; (3) issue a summons; and (4) deliver to the U.S. Marshals Service all documents necessary to effect service to this defendant. SO ORDERED. Dated: July 13, 2021 New York, New York / (/ Ly [a Koy Vidal United ‘States District Judge

DEFENDANT AND SERVICE ADDRESS

United States Department of the Treasury 1500 Pennsylvania Avenue Washington, D.C. 20220