Lord v. City of New York et al

Filing 119

ORDER OF SERVICE: Because 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... in [IFP] cases."); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP). To allow Plaintiff to effect service on Defendant Cruz 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 Defendant Cruz at the following address: Ped ro Cruz 628 East 141st Street Bronx, New York 10454. 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 Defendant Cruz. The Clerk of Court is further requested to mail copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/7/2022) (js) Transmission to Pro Se Assistants for processing.

Case 1:20-cv-03890-LTS-SDA Document 119 Filed 01/07/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

1/7/2022

Donald A. Lord,
Plaintiff,
-against-

1:20-cv-03890 (LTS) (SDA)
ORDER OF SERVICE

City of New York et al.,
Defendants.
STEWART D. AARON, United States Magistrate Judge:
By Order dated May 15, 2020, the Court granted Plaintiff’s request to proceed in forma
pauperis. (Order, ECF No. 5.) Plaintiff filed a Second Amended Complaint (“SAC”) on August 9,
2021 (ECF No. 95). All of the defendants have been served or deemed served with the SAC, except
for Pedro Cruz (incorrectly named as Pedro Crespo). (See Letter, ECF No. 107; Order, ECF No.
111.)
Because 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
. . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if
the plaintiff is authorized to proceed IFP).
To allow Plaintiff to effect service on Defendant Cruz 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 Defendant Cruz at the following address:
Pedro Cruz
628 East 141st Street
Bronx, New York 10454

Case 1:20-cv-03890-LTS-SDA Document 119 Filed 01/07/22 Page 2 of 2

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 Defendant
Cruz.
The Clerk of Court is further requested to mail copy of this Order to the pro se Plaintiff.
SO ORDERED.
DATED:

New York, New York
January 7, 2022
______________________________
STEWART D. AARON
United States Magistrate Judge

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