Liner v. Hochul et al

Filing 38

AMENDED ORDER: Accordingly, Plaintiff is instructed to serve the summonses to Officer David no later than January 18, 2023. Failure to do so will result in a dismissal for failure to execute service under Federal Rule of Civil Procedure 4(m), whi ch provides that "[i]f a defendant is not served within 90 days after the complaint is filed, the courton motion or on its own after notice to the plaintiffmust dismiss the action without prejudice against that defendant or order that service be made within a specified time." Fed. R. Civ. P. 4(m) (emphasis added). SO ORDERED. (Signed by Judge Edgardo Ramos on 11/18/2022) ( Service due by 1/18/2023.) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOSHUA LINER,
Plaintiff pro se,
– against –

AMENDED ORDER

KATHY HOCHUL, GOV.; OFFICER
MICHAEL DAVID 40TH PRECINCT;
JOHN DOE #1 OFFICER 40TH
PRECINCT; AND JOHN DOE #2
OFFICER 40TH PRECINCT,

21-CV-11116 (ER)

Defendants.

RAMOS, D.J.:
Pro se Plaintiff Joshua Liner filed a complaint on December 27, 2021. Doc. 1. The
Court directed Liner to serve summonses and the complaint on Governor Hochul and Officer
David within ninety days of the issuance of the summonses. Doc. 10. Additionally, the Court
warned Liner that it may dismiss his claims against Governor Hochul and Officer David if he
failed to serve the summonses or request an extension before the deadline. Id. The Clerk of
Court issued the summonses against these Defendants on March 18, 2022. Doc. 11. A letter
from Liner was filed with the Court on June 7, 2022 requesting a 30-day extension, and
accordingly the Court extended the deadline for service to July 18, 2022. Doc. 19. In that same
letter Liner informed the Court that he attempted to serve Officer David, but has not yet
confirmed whether he has actually served any summonses. Doc. 18 at 2. On July 5, 2022 a
notice of appearance on behalf of Governor Hochul was entered. Doc. 20.

To date, Liner has failed to file proof of service as to Officer David or show cause in
writing why a further extension of the time is warranted.
Accordingly, Plaintiff is instructed to serve the summonses to Officer David no later than
January 18, 2023. Failure to do so will result in a dismissal for failure to execute service under
Federal Rule of Civil Procedure 4(m), which provides that “[i]f 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.” Fed. R. Civ. P. 4(m) (emphasis added).

SO ORDERED.
Dated: November 18, 2022
New York, New York
_______________________
Edgardo Ramos, U.S.D.J.