Belvin v. Discover Financial Services LLC

Filing 7

ORDER: As detailed in the attached, if Plaintiff Jaquail Belvin ("Belvin") does not serve the Defendant by May 15, 2025, or fails to show good cause why the Defendants have not been served, the Complaint will be dismissed without pre judice. See Fed. R. Civ. P. 4(m).The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to mail a copy of this Order to Rodriguez and to record such mailing on the docket. Ordered by Judge Nusrat J. Choudhury on 3/7/2025. (NB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Jaquail Belvin,

Plaintiff,
-v-

2:25-cv-935
(NJC) (AYS)

Discover Financial Services LLC,
Defendant.

ORDER
NUSRAT J. CHOUDHURY, United States District Judge:
On February 14, 2025, Jaquail Belvin (“Belvin”), acting pro se, filed a complaint in this
Court. (Compl., ECF No. 1.) On February 21, 2025, Belvin paid the filing fee and a summons
was issued to the Defendant. (Filing Fee, ECF No. 5; Summons, ECF No. 6.) Rule 4(m) of the
Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) 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.
Fed. R. Civ. P. 4(m).
Accordingly, if Belvin does not serve the Defendant by May 15, 2025, or fails to show
good cause why Defendant has not been served, the Complaint will be dismissed without
prejudice. Belvin is to provide a copy of this Order to the Defendant along with copies of the
Summons and Complaint. Once Belvin has served Defendant, Belvin must file proof of
service with the Court within fourteen (14) days of service.
The Court encourages Belvin to consult with the Hofstra Law Pro Se Clinic, located in

the Central Islip Courthouse, which can provide free information, advice, and limited scope legal
assistance to non-incarcerated pro se litigants. The Court notes that the Pro Se Clinic is not part
of, nor affiliated with, the United States District Court. Consultations with the Pro Se Clinic can
be conducted remotely via telephone. To make an appointment, send an email to
[e-mail] or leave a message at [phone].
Belvin is required to advise the Clerk of Court of any change of address. Failure to keep
the Court informed of Belvin’s current address may result in dismissal of the case.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order
would not be taken in good faith and therefore in forma pauperis status is denied for the purpose
of any appeal. See Coppedge v. United States, 369 U.S. 438, 444–45 (1962).
The Clerk of the Court is respectfully directed to mail a copy of this Order to Belvin at
his address of record and to record such mailing on the docket.
Dated: Central Islip, New York
March 7, 2025
/s/ Nusrat J. Choudhury
NUSRAT J. CHOUDHURY
United States District Judge

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