Pietsch v. Marcantonio et al

Filing 31

MEMORANDUM & ORDER denying 26 Motion to Compel; denying 28 Motion for Leave to Appeal in forma pauperis; The Court will order the USMS to attempt service one additional time. The Clerk of the Court is directed to issue a Summons and Rider iden tical to the previous Summons and Rider at Docket Entry 25 and forward them to the USMS together with the Complaint, the Courts November 18, 2013 and May 15, 2014 Orders (Docket Entries 7, 24), and this Order for service upon Marcantonio. The Clerk of the Court is directed to mail a copy of this Order to pro se Plaintiff. So Ordered by Judge Joanna Seybert on 2/26/2015. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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WALTER G. PIETSCH,
Plaintiff,

MEMORANDUM & ORDER
13-CV-4696(JS)(SIL)

-againstPOLICE OFFICER VITO MARCANTONIO,
SHIELD # 299; COMMISSION ON PRESIDENTIAL
DEBATES; DEMOCRATIC NATIONAL COMMITTEE;
REPUBLICAN NATIONAL COMMITTEE,

Defendants.
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APPEARANCES
For Plaintiff:
Walter G. Pietsch, pro se
P.O. Box 10057
Westbury, NY 11590
For Defendants:

No appearances.

SEYBERT, District Judge:
On May 5, 2014, the Court received a process receipt and
return from the United States Marshal Service (“USMS”) indicating
that the USMS was unable to serve Defendant Vito Marcantonio
(“Marcantonio”) at the address previously provided to the Court.
(Docket Entry 22.)

Based upon pro se Plaintiff’s filings herein,

it was unclear whether Marcantonio was a police officer or a public
safety official employed by Hofstra University (“Hofstra”).

On

May 15, 2014, the Court therefore reauthorized service of the
Summons and Complaint at Hofstra, to the extent that Marcantonio
was employed in any capacity by Hofstra.

(Docket Entry 24.)

On

October 10, 2014, the Court again received a process receipt and

return from the USMS stating that the general counsel of Hofstra
would not accept service since “no such individual works at [the]
univ[ersity].”

(Docket Entry 27.)

Plaintiff

insists

that

Marcantonio

is

employed

by

Hofstra and now moves for the Court to order the USMS to return to
Hofstra

to

obtain

(Docket Entry 26.)

information

as

to

Marcantonio’s

Plaintiff’s motion is DENIED.

identity.

However, the

Court will order the USMS to attempt service one additional time.
The Clerk of the Court is directed to issue a Summons and Rider
identical to the previous Summons and Rider at Docket Entry 25 and
forward them to the USMS together with the Complaint, the Court’s
November 18, 2013 and May 15, 2014 Orders (Docket Entries 7, 24),
and this Order for service upon Marcantonio.

The USMS shall

attempt service at the following addresses previously provided by
Plaintiff:

(1)

Hofstra

University,

144

Hofstra

University,

Hempstead, NY 11549; (2) Hofstra University’s Department of Public
Safety and Information Center, Hempstead Turnpike and California
Avenue, Hempstead, NY 11550; and (3) Hofstra University, 1000
Fulton Avenue, Hempstead, NY 11550.

If the USMS cannot effectuate

service this third time, the Court will have no choice but to
dismiss this action.
Finally, Plaintiff’s motion for in forma pauperis status
“for all appeals in the future” (Docket Entry 28) is DENIED.

2

The Clerk of the Court is directed to mail a copy of
this Order to pro se Plaintiff.

SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

February
26 , 2015
Central Islip, New York

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