DeLaney v. Perez

Opinion

MUMCTIAGHUCALI€ □□□ □□□ UNITED STATES DISTRICT COURT OPCs SOUTHERN DISTRICT OF NEW YORK i rir =. 1219] 201 9 CLARENCE DeLANEY, JR., es

Plaintiff, 19-CV-6084 (NSR) -against- SUPPLEMENTAL ORDER OF ADA PEREZ, et al, SERVICE Defendants.

NELSON S. ROMAN, United States District Judge: On June 28, 2019, Plaintiff initiated this action, pro se, under 42 U.S.C. § 1983, alleging that Defendants (1) wrongfully confined him at Downstate Correctional Facility (“Downstate”), (2) failed to provide him with medical attention at Downstate, (3) failed to provide him with medical attention at Willard Drug Treatment Center (“Willard”); and (4) failed to reasonably accommodate his disability at Willard. (ECF No. 1.) On August 30, 2019, this Court directed the Clerk of the Court to issue a summons and to deliver to the U.S. Marshals Service all the paperwork for the Marshals Service to effect service upon Defendants Superintendent Ada Perez, Melissa M. Pickett, Shanikqua Harrison, Dr. W. Stolfi, and Dr. Quinones. (ECF No. 11.) On December 5, 2019, Defendants’ counsel, the New York State Attorney General (“Attorney General”), notified the Court that Defendant Harrison remained unserved and unrepresented because she no longer works at Downstate, the facility whose service address the Court had previously been identified for her. (ECF No. 20.) The Attorney General further explained that, upon information and belief, the proper place of service for Defendant Harrison is in fact Green Haven Correctional Facility.

To allow Plaintiff to effect service on Defendant Harrison, 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 her. The service address for Defendant Harrison is Green Haven Correctional Facility, 594 Rt. 216, Stormville, New York, 12582. The Clerk of the Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendant Harrison. It is Plaintiff's responsibility to ensure that service is made within 90 days of the date the summons is issued and, if necessary, to request an extension of time for service. See Meilleur v, Strong, 682 F.3d 56, 63 (2d Cir. 2012). The Clerk of the Court is directed to mail a copy of this Order to Plaintiff and show proof of service on the docket.

Dated: December 9, 2019 SO ORDERE White Plains, New York Ba Ce

United States District Judge

DEFENDANT AND SERVICE ADDRESS

Shanikqua Harrison Green Haven Correctional Facility 594 Rt. 216 Stormville, New York 12582