Cruz v. 32BJ SEIU

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CARINA CRUZ, : Plaintiff, : : 19 Civ. 11836 (LGS) -against- : : ORDER 32BJ SEIU, et al., : Defendants. : LORNA G. SCHOFIELD, District Judge: WHEREAS, on June 30, 2020 pro se Plaintiff filed a Second Amended Complaint, adding Defendant 32BJ SEIU. WHEREAS, Defendant ABM Industries has not yet been served with the Amended Complaint. WHEREAS, the Court granted pro se Plaintiffs request to proceed in forma pauperis (“IFP”) (Dkt. No 3). 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. 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). The Clerk of Court is respectfully requested to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form’) for Defendant ABM Industries and issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service of the Second Amended Complaint upon this defendant; and to mail this order to pro se Plaintiff. So Ordered. . Dated: July 1, 2020 New York, New York LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE