Kenyatta v. Combs

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

X : CHARLES KENYATTA, JR., : 24 Civ. 6923 (JGK) (GS) : Plaintiff, : ORDER OF SERVICE : - against - : : SEAN COMBS and BAD BOY : ENTERTAINMENT, :

: Defendants. :

X

GARY STEIN, United States Magistrate Judge: By Order dated October 2, 2024, the Court granted Plaintiff’s application to proceed in forma pauperis (“IFP”). (Dkt. No. 10). He is therefore entitled to rely on the Court and the U.S. Marshals Service to effect service on Defendants. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). Accordingly, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (USM-285 form) for Defendants Sean Combs and Bad Boy Entertainment LLC using the addresses appended to this Order. The Clerk is further instructed to issue summonses and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Defendants. Lastly, the Clerk is directed to mail an information package to Plaintiff at his address on record and send an electronic version of the same to his e-mail address on record. If the complaint is not served within 90 days after the date the summons is 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 also must notify the Court if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. Dated: New York, New York October 2, 2024 Mea GARY STEIN ( United States Magistrate Judge

' Although Fed. R. Civ. P. 4(m) generally requires that a summons be served within 90 days of the date the complaint is filed, the Court extends the time to serve Defendants until 90 days after the date the summons is issued because Plaintiff is now proceeding IFP.

SERVICE ADDRESSES FOR DEFENDANTS

1. Sean Combs Register Number: 37452-054 MDC Brooklyn Metropolitan Detention Center P.O. Box 329002 Brooklyn, NY 11232

Sean Combs Register Number: 37452-054 MDC Brooklyn Metropolitan Detention Center 80 29th Street Brooklyn, NY 11232

2. Bad Boy Entertainment LLC c/o Corporation Service Company 80 State Street Albany, NY 12207