Griffin-Robinson v. Salov

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SONJA R. GRIFFIN-ROBINSON, Plaintiff, 20cv02712(PAE) (DF) -against- ORDER OF SERVICE ANTHONY SALOU, et al., Defendants. DEBRA FREEMAN, United States MagistrateJudge: Currently before this Court in the above-captioned actionis a request bypro se plaintiff Sonja R. Griffin-Robison(“Plaintiff”),for assistance in effecting service of process on four of the named Defendants in case –specificallySergeant Darwin Marrero, Police Officer MarilinPeralta, Police Office Jacquelynn Opirhory,and Police Officer Richard DiDonato. (See Dkt.33; see alsoDkt. 31.) As Plaintiff has been granted permission to proceed in this action informa pauperis,she is entitled to rely on the Court and the U.S.Marshals Service to effect service. See Walker v. Schult, 717 F.3d. 119, 123 (2d Cir. 2013); 28 U.S.C. §1915(d); Fed. R. Civ. P. 4(c)(3). Here, the Marshals Service previously attemptedto serve each of the Defendants with process, but service could not be effected on the four identified individuals (see Dkts.24, 25,26,29), apparently because theycould not be located at the addresses that had previously been provided. Rule 4(m) of the Federal Rules of Civil Procedure generally requires service of the summons and complaint to be completed within 90 days of the date the summons issues, and it is Plaintiff’s responsibility to request, if necessary, an extension of time for service. Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). In this instance,this Court finds that Plaintiff has acted with diligence to follow-upon service issuesand to request additional time. (See Dkts. 30, 33.) Further, counsel for the City of New York has now provided new addresses for each of the four defendants who still need to be served, so that the Marshals Service should now be able to effect service. (See Dkt. 31.) To allow Plaintiff to effect service on defendants Marrero, Peralta, Opirhory, and DiDonato through the Marshals Service, the Clerk of Court is instructed to fill out a new U.S. Marshals Service Process Receipt and Return form (““USM-285 form’) for each of these defendants, with the addresses that have now been provided to the Court. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon these particular defendants. Dated: February 8, 2021 New York, New York SO ORDERED

elit Jere DEBRAFREEMAN i s—i(i‘—sCS United States Magistrate Judge

Copies to Plaintiff (via ECF) All counsel (via ECF)

DEFENDANTS TO BE SERVED,ANDSERVICE ADDRESSES Sergeant Darwin Marrero: 25th Precinct 120 East 119th Street New York, NY10035 Police Officer Marilin Peralta 20th Precinct 120 West 82nd Street New York, NY10024 Police Officer Jacquelynn Opirhory Candidate Assessment Division 235 East 20th Street New York, NY10003 Police Officer Richard DiDonato Police Laboratory, Firearms Analysis Section 150-14 Jamaica Avenue Jamaica, NY11432