Browne v. Rivera

Opinion

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 10/11/2023 KENDALL BROWNE, Plaintiff, 23-CV-8280 (NSR) -against- ORDER OF SERVICE P.O. S. RIVERA; CITY OF MIDDLETOWN, Defendants. NELSON S. ROMAN, United States District Judge: Plaintiff, who is appearing pro se, brings this action under 42 U.S.C. § 1983, alleging that Defendants violated his federal constitutional rights. By order dated September 22, 2023, the Court granted Plaintiffs 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.! 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 □□□ □□ [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 Middletown Police Officer S. Rivera and the City of Middletown through the U.S. Marshals Service, the Clerk of Court is instructed

' 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 served summonses and the complaint 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 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 these 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 issue summonses for Middletown Police Officer S. Rivera and the City of Middletown, complete the USM-285 forms with the addresses for these Defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail a copy of this Order and an information package to Plaintiff at the address listed and to show service on the docket. SO ORDERED. Dated: October 11, 2023 White Plains, New York NELSONS.ROMAN- United States District Judge

DEFENDANTS AND SERVICE ADDRESSES

Officer S. Rivera, Shield #1963 Middletown Police Department 2 James Street Middletown, NY 10940 City of Middletown Corporation Counsel 16 James Street Middletown, NY 10940