Lord v. City of New York

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: 9/28/2021 Donald A. Lord, as oe Plaintiff, 1:20-cv-03890 (LTS) (SDA) -against- ORDER OF SERVICE City of New York et al., Defendants.

STEWART D. AARON, United States Magistrate Judge: By Order dated May 15, 2020, the Court granted Plaintiff's request to proceed in forma pauperis. (Order, ECF No. 5.) Plaintiff filed a Second Amended Complaint (“SAC”) on August 9, 2021 (ECF No. 95). All of the defendants have been served or deemed served with the SAC, except for Pedro Cruz (incorrectly named as Pedro Crespo), Glenn Anthony and Robert Tablizy. (See Order, ECF No. 111.) 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

... 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). To allow Plaintiff to effect service on the remaining defendants 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 these defendants at the following addresses:

1. Pedro Cruz Neighborhood Association for Inter-Cultural Affairs, Inc. 628 East 141st Street Bronx, New York 10454 2. Glenn Anthony 220 Bradham Ave. # 12 Manning, SC 29102 3. Robert Tablizy Medstaff National Medical Staffing 15200 Weston Parkway, Suite 104 Cary, NC 27513 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. The Clerk of Court is further requested to mail copy of this Order to the pro se Plaintiff. SO ORDERED. DATED: New York, New York September 28, 2021

STEWART D. AARON United States Magistrate Judge