Grullon v. The Administration for Children's Services et al

Filing 38

ORDER: The Clerk of Court is instructed to complete the USM-285 forms with the addresses for Gladys Carrion, David Hansell, Contessa Pou; Miriam Vasquez, Shanel Monroe, Tahisha Fountaine Longworth, Frank Lawani, Angela Allen and deliver all documen ts necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order to the plaintiff and note service on the docket. SO ORDERED. (Signed by Judge John G. Koeltl on 11/18/2019) (ks) Transmission to Docket Assistant Clerk for processing. Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC SONY
DOCUMENT
ELECTRONICALLY FILED
DOC#
DATEF
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ROLANDO GRULLON,
Plaintiff,
- against -

18-cv-3129 (JGK)
ORDER

THE ADMINISTRATION FOR CHILDREN'S
SERVICES, ET AL.,
Defendants.
JOHN G. KOELTL, District Judge:

The City of New York should order a transcript of the court~
proceedings held on November 7, 2019 and send a copy to the
plaintiff.
No further pre-trial conference is needed before the filing
of a motion to dismiss. The plaintiff should consult the New
York Legal Assistance Group (NYLAG) for legal advice.
Because the plaintiff has been granted permission to
proceed IFP, he is entitled to rely on the Court and the U.S.
Marshals Service to effect service. Walker v. Schult, 717 F.3d.
119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d)

("The

officers of the court shall issue and serve all process
[IFP] cases."); Fed. R. Civ. P. 4 (c) (3)

in

(the court must order

the Marshals Service to serve if the plaintiff is authorized to
proceed IFP)). Although Rule 4(m) of the Federal Rules of Civil
Procedure generally requires that the summons and complaint be
served within 90 days of the date the complaint is filed, the

plaintiff is proceeding IFP and could not have served the
summons and complaint until the Court reviewed the complaint and
ordered that a summons be issued. The Court therefore extends
the time to serve until 90 days after the date the summons is
issued. If the complaint is not served within that time, the
plaintiff should request an extension of time for service. See
Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012)

(holding that

it is the plaintiff's responsibility to request an extension of
time for service); see also Murray v. Pataki, 378 F. App'x 50,
52 (2d Cir. 2010)

("As long as the [plaintiff proceeding IFP]

provides the information necessary to identify the defendant,
the Marshals' failure to effect service automatically
constitutes 'good cause' for an extension of time within the
meaning of Rule 4(m) .").
To allow the plaintiff to effect service on defendants
Gladys Carrion, David Hansell, Contessa Pou, Miriam Vasquez,
Shanel Monroe, Tahisha Fountaine Longworth, Frank Lawani, Angela
Allen, through the U.S. Marshals Service, the Clerk of Court is
instructed to fill out a U.S. Marshals Service Process Receipt
and Return form ("USM-285 form")

for each of these defendants.

The Clerk of Court is further instructed to issue a summons and
deliver to the Marshals Service all the paperwork necessary for
the Marshals Service to effect service upon these defendants.

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The plaintiff must notify the Court in writing if his
address changes, and the Court may dismiss the action if the
plaintiff fails to do so.
CONCLUSION
The Clerk of Court is instructed to complete the USM-285
forms with the addresses for Gladys Carrion, David Hansell,
Contessa Pou; Miriam Vasquez, Shanel Monroe, Tahisha Fountaine
Longworth, Frank Lawani, Angela Allen and deliver all documents
necessary to effect service to the U.S. Marshals Service.
The Clerk of Court is directed to mail a copy of this order
to the plaintiff and note service on the docket.
SO ORDERED.

Dated:

New York, New York
November 18, 2019
United States District Judge

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All of the following individual defendants may be served at the
service address listed below:

DEFENDANTS
Gladys Carrion
David Hansell
Contessa Pou
Miriam Vasquez
Shanel Monroe
Tahisha Fountaine Longworth
Frank Lawani
Angela Allen

SERVICE ADDRESS
Administration for Children's Services
150 William Street
New York, NY 10038

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