Henderson v. Alvarez et al

Filing 72

ORDER OF SERVICE: To allow Plaintiff to effect service on Defendant Program Aide Southwell through the U.S. Marshals Service, the Clerk of Court is respectfully instructed to fill out a U.S. Marshals Service Process Receipt and Return Form (USM-2 85 form) for Aide Southwell. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon these defendants. Because the City possesse s only Southwell's home address, the City has filed the address in an ex parte letter under seal. The Court therefore does not provide Southwell's address in this Order, and will separately convey Southwell's address to the Clerks O ffice. The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together with an information package. The Court certifies under 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 purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 44445 (1962). SO ORDERED. (Signed by Judge Alison J. Nathan on 8/4/2020) (jca) Transmission to Pro Se Assistants for processing.

Case 1:17-cv-03977-AJN-KNF Document 72 Filed 08/04/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

8/4/20

Tyrel Henderson,
Plaintiff,
17-cv-3977 (AJN)
–v–
ORDER OF SERVICE
Program Aide, Southwell Boulevard Men’s Shelter, et al.,
Defendants.

ALISON J. NATHAN, District Judge:
Plaintiff Tyrel Henderson, a Brooklyn resident appearing pro se, brings this action under
42 U.S.C. § 1983. The Court has granted Plaintiff’s request to proceed in forma pauperis.
To allow Plaintiff to effect service on Defendant Program Aide Southwell through the
U.S. Marshals Service, the Clerk of Court is respectfully instructed to fill out a U.S. Marshals
Service Process Receipt and Return Form (USM-285 form) for Aide Southwell. The Clerk of
Court is further instructed to issue a summons and deliver to the Marshals Service all of the
paperwork necessary for the Marshals Service to effect service upon these defendants. Because
the City possesses only Southwell’s home address, the City has filed the address in an ex parte
letter under seal. The Court therefore does not provide Southwell’s address in this Order, and
will separately convey Southwell’s address to the Clerk’s Office.
The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together
with an information package.
The Court certifies under 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 purposes of an
appeal. Cf. Coppedge v. United States, 369 U.S. 444–45 (1962).

Case 1:17-cv-03977-AJN-KNF Document 72 Filed 08/04/20 Page 2 of 2

SO ORDERED.
Dated: August 4, 2020
New York, New York

____________________________________
ALISON J. NATHAN
United States District Judge