Theophania Ashleigh v. The Mount Sinai Hospital

• Court: District Court, S.D. New York
• Decided: November 7, 2025
• Docket: 1:25-cv-06171
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THEOPHANIA ASHLEIGH, Plaintiff, 1:25-CV-6171 (JPO) -against- ORDER OF SERVICE THE MOUNT SINAI HOSPITAL, Defendant. J. PAUL OETKEN, United States District Judge: Plaintiff Theophania Ashleigh, who is proceeding pro se, asserts claims of retaliation and employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and City Human Rights Laws. Plaintiff sues her former employer, the Mount Sinai Hospital (“Mount Sinai”). By order dated September 8, 2025, the court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. The Court directs service upon Mount Sinai. DISCUSSION Because Plaintiff has been granted permission to proceed IFP, she is entitled to assistance from the Court and the United States Marshals Service (“USMS”) to effect service.1 Walker v. 0F Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the

1Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date that the complaint is filed, Plaintiff is proceeding IFP and could not have effected service until the Court reviewed the complaint and ordered that a summons issue. The Court therefore extends the time to serve Mount Sinai until 90 days after the date that a summons for Mount Sinai issues. court shall issue and serve all process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the USMS to serve if the plaintiff is authorized to proceed IFP). To allow Plaintiff to effect service upon Mount Sinai through the USMS, the Clerk of Court is instructed to fill outa USMS Receipt and Return form (“USM-285 form”) for Mount Sinai. The Clerk of Court is further instructed to issue a summons for Mount Sinai and deliver to the USMS all the paperwork necessary for the USMS to effect service upon Mount Sinai. If the complaint is not served upon Mount Sinai within 90 days after the date that the summons for Mount Sinai 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 must notify the Court in writing if her address changes, and the Court may dismiss this action if she fails to do so. CONCLUSION The Court directs the Clerk of Court to mail an information package to Plaintiff. The Court also directs the Clerk of Court to: (1) issue a summons for the Mount Sinai Hospital; (2) complete a USM-285 form with the service address for that defendant; and (3) deliver all documents necessary to effect service of a summons and the complaint upon that defendant to the USMS. SO ORDERED. Dated: November 7, 2025 New York, New York

United States District Judge

SERVICE ADDRESS FOR DEFENDANT

The Mount Sinai Hospital One Gustave L. Levy Place New York, New York 10029