Banks et al v. The City of New York et al

Filing 14

ORDER granting 2 , 3 , 4 , 5 , 6 , 7 , 8 and 9 Motions for Leave to Proceed in forma pauperis. Plaintiffs' counsel is hereby appointed to serve process on the individual defendants by mail. Ordered by Magistrate Judge Marilyn D. Go on 4/25/2013. (Proujansky, Josh)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - -X TAHLIB BANKS, et al., Plaintiffs, ORDER - against CV 2013-1520 (WFK)(MDG) THE CITY OF NEW YORK, et al., Defendants. - - - - - - - - - - - - - - - - - - -X Plaintiffs' application to proceed in forma pauperis under 28 U.S.C. ยง 1915 is hereby granted. 28 U.S.C. 1915(d) and F.R.C.P. 4(c)(3) require that when a plaintiff is authorized to proceed in forma pauperis, the court shall order a U.S. Marshal or someone specially appointed to effect service. Plaintiffs' counsel is hereby appointed to serve process on the individual defendants by mail. The docket sheet reflects that summonses were issued at the time plaintiffs filed the complaint and their counsel apparently has already served the Corporation Counsel's office. This Court notes that the Marshals ordinarily serve process by mail, see Manson v. Simply Food LIC LLC, 2010 WL 376644 at *2 (E.D.N.Y. Jan. 26, 2010) (discussing the Marshal's service by mail), and, from this Court's experience, police officers will appear after service by mail. Counsel for the City defendant is requested to provide plaintiffs' counsel with the work addresses of the named individual defendants by 5/1/13. SO ORDERED. Dated: Brooklyn, New York April 25, 2013 __/s/_________________________ MARILYN D. GO UNITED STATES MAGISTRATE JUDGE

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