Collier v. Homeward Residential et al

Filing 7

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that plaintiff is directed to provide the Court, in writing, on or before November 2, 2012, with: (1) the identities of the "John Doe" defts and (2) the addresses at which defendants may be served with process, so that service upon defts may be effected within the one hundred twenty (120) period set forth in Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiff is advised that pursuant to Rule 4(c) of the Federal Rules of Civil Procedure, he "is responsible for having the summons and complaint served within the time allowed by Rule 4(m)," and that his failure (1) to comply with this order, such that service cannot be made upon defts with in the time allowed by Rule 4(m); (2) to seek an extension of time to do so; or (3) to voluntarily dismiss this action without prejudice pursuant to Rule 4l(a)(l), will result in the dismissal of this action with prejudice pursuant to Rule 41(b) of t he Federal Rules of Civil Procedure. Upon plaintiff's compliance with this Order, the Clerk of Court shall cause the United States Marshal Service to serve copies of the summonses, complaint and this Order upon defts without prepayment of fees. The Clerk of the Court shall serve notice of entry of this Order in accordance with Rule77(d)(l) of the Federal Rules of Civil Procedure, including mailing a copy of the Order to the pro se plaintiff at his last known address. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 10/2/2012. (Florio, Lisa)

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FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E D N y

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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OCT 02 Z01Z

LONG lfl aND OFFICE

ROSSI COLLIER,

Plaintiff,
ORDER
12-CV-3965(SJF)(AKT)

-againstHOMEWARD RESIDENTIAL, JOHN DOES #1-5,
Defendants.

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FEUERSTEIN, District Judge:
On August 3, 2012, prose plaintiff Rossi Collier ("plaintiff') filed a complaint in this court
seeking, inter alia: (I) to enjoin (a) a foreclosure action commenced against him in the Supreme
Court of the State ofNew York, County of Kings, and (b) defendants Homeward Residential
("Homeward") and "John Does #1-5" (collectively, "defendants") from demanding future mortgage
payments from him and from increasing his mortgage payments; (2) judgment (a) declaring that his
current mortgage was the result of a predatory lending scheme by defendants and others and (b)
discharging his current loan; and (3) punitive damages in the amount of nine hundred twenty-five
thousand dollars ($925,000.00). Plaintiff's complaint was accompanied by an application to proceed
in forma pauperis.
Plaintiffs financial status, as set forth in his declaration in support of the application to
proceed in forma pauperis, qualifies him to commence this action without prepayment of the filing
fee. See 28 U.S.C. § 1915(a)(l). Accordingly, the application to proceed in forma pauperis is
granted.
Although the complaint may be served without prepayment of the filing fee, the United
States Marshal Service cannot effect service on defendants because plaintiff has not provided any
information from which the identities of the "John Doe" defendants may be ascertained or an address
at which Homeward may be served. The only address that appears for Homeward in the complaint
I

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or attachments thereto is a post office box upon which service may not be made. Accordingly,
plaintiff is directed to provide the Court, in writing, on or before November 2, 2012, with: (I) the
identities of the "John Doe" defendants and (2) the addresses at which defendants may be served
with process, so that service upon defendants may be effected within the one hundred twenty (120)
period set forth in Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiff is advised that
pursuant to Rule 4(c) of the Federal Rules of Civil Procedure, he "is responsible for having the
summons and complaint served within the time allowed by Rule 4(m)," and that his failure (I) to
comply with this order, such that service cannot be made upon defendants within the time allowed
by Rule 4(m); (2) to seek an extension oftime to do so; or (3) to voluntarily dismiss this action
without prejudice pursuant to Rule 4l(a)(l), will result in the dismissal of this action with
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.
Upon plaintiff's compliance with this Order, the Clerk of Court shall cause the United States
Marshal Service to serve copies of the summonses, complaint and this Order upon defendants
without prepayment of fees.
The Clerk of the Court shall serve notice of entry of this Order in accordance with Rule
77(d)(l) of the Federal Rules of Civil Procedure, including mailing a copy of the Order to thq>ro se
plaintiff at his last known address pursuant to Rule 5(b)(2)(C) of the Federal Rules of Civil
Procedure.

SQORDERED.

s/ Sandra J. Feuerstein
Sandra J. Feuerstein
United States District Judge
Dated:

October 2, 2012
Central Islip, New York

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