Deosaran v. U.S. Bank National Association Trust et al

Filing 9

ORDER: On April 25, 2023, Plaintiff Kawall Deosaran paid the Court's filing fee in relation to his pro se complaint filed on February 21, 2023. (ECF Nos. 1 , 8 .) Rule 4(m) of the Federal Rules of Civil Procedure provides: If a defendant is not served within 90 days after the complaint is filed, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if t he plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Given that Plaintiff's application to proceed in forma pauperis was filed and denied during 90-day period, (ECF No. 7 ), the Court finds good cause to extend the time for service. Accordingly, Plaintiff must effect service on Defendants, in accordance with Rule 4 of the Federal Rules of Civil Procedure, by June 30, 2023. If Plaintiff fails to effect service or show good ca use why such service has not been effected, the complaint will be dismissed without prejudice. Plaintiff shall provide a copy of this Order to Defendants along with summonses and the complaint and shall promptly file proof of service with the Court. Plaintiff is required to advise the Clerk of Court of any changes of address. Failure to keep the Court informed of his current address may result in dismissal of the case. So Ordered by Judge Joan M. Azrack on 5/22/2023. c/m to pro se plaintiff (LC)

Case 2:23-cv-01391-JMA-AYS Document 9 Filed 05/22/23 Page 1 of 2 PageID #: 37

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
KAWALL DEOSARAN,
Plaintiff,
-against-

For Online Publication Only

ORDER
23-CV-01391 (JMA) (AYS)

U.S. BANK NATIONAL ASSOCIATION TRUST,
FAY SERVICING LLC,
Defendants.
-------------------------------------------------------------X
AZRACK, United States District Judge:

FILED 
CLERK 

11:32 am, May 22, 2023

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

On April 25, 2023, Plaintiff Kawall Deosaran paid the Court’s filing fee in relation to his
pro se complaint filed on February 21, 2023. (ECF Nos. 1, 8.)
Rule 4(m) of the Federal Rules of Civil Procedure provides:
If a defendant is not served within 90 days after the complaint is
filed, the court — on motion or on its own after notice to the plaintiff
— must dismiss the action without prejudice against that defendant
or order that service be made within a specified time. But if the
plaintiff shows good cause for the failure, the court must extend the
time for service for an appropriate period.
Given that Plaintiff’s application to proceed -in ---forma -----pauperis was filed and denied during
90-day period, (ECF No. 7), the Court finds good cause to extend the time for service.
Accordingly, Plaintiff must effect service on Defendants, in accordance with Rule 4 of the
Federal Rules of Civil Procedure, by June 30, 2023. If Plaintiff fails to effect service or show
good cause why such service has not been effected, the complaint will be dismissed without
prejudice. Plaintiff shall provide a copy of this Order to Defendants along with summonses and
the complaint and shall promptly file proof of service with the Court.
Plaintiff is required to advise the Clerk of Court of any changes of address. Failure to
keep the Court informed of his current address may result in dismissal of the case.

Case 2:23-cv-01391-JMA-AYS Document 9 Filed 05/22/23 Page 2 of 2 PageID #: 38

SO ORDERED.
Dated:
May 22, 2023
Central Islip, New York

/s/ JMA
JOAN M. AZRACK
UNITED STATES DISTRICT JUDGE

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