Louis v. Morley

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: KEVIN LOUIS, DATE FILED: _ 6/12/2023 Plaintiff, 22-CV-10094 (NSR) “against- SECOND SUPPLEMENTAL ORDER JOHN MORLEY, et al., OF SERVICE Defendants. NELSON S. ROMAN, United States District Judge: Plaintiff, who is currently incarcerated at Woodbourne Correctional Facility (“Woodbourme”), brings this pro se action under 42 U.S.C. § 1983, alleging that medical staff at Woodbourne and Sing Sing Correctional Facility showed deliberate indifference to his medical needs. By order dated January 20, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.! As set forth below, the Court directs service on Defendant John Morley, whose address has been provided pursuant to a Valentin Order on May 16, 2023. (ECF No. 21.). DISCUSSION A. Order of Service: Dr. John Morley 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

' Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed in forma pauperis. See 28 U.S.C. § 1915(b)(1). Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served summonses and the complaint until the Court reviewed the complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued.

(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 Defendants Dr. John Morley through the US. 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. The Clerk of 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 these Defendants. If the complaint is not served within 90 days after the date the summonses are 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 must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so.

Dated: June 12, 2023 =~ Ss White Plains, NY □□ A ee “plese

DEFENDANT AND SERVICE ADDRESS

Dr. John Morley C/O Deputy Counsel Mark Richter Department of Corrections and Community Supervision Office of Counsel The Harriman State Campus, Building 4 1220 Washington Avenue Albany, New York 12226