Mintu v. Mayorkas et al
Filing
10
ORDER: Accordingly, it is hereby: ORDERED that Plaintiff file an affidavit of service on or before August 12, 2022. Plaintiff's failure to file an affidavit of service by that date will result in dismissal of the action pursuant to Rule 4(m). SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/29/2022) (vfr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------X
:
SHARIFUL MINTU,
:
:
Plaintiff,
:
:
:
-against:
:
ALEJANDRO MAYORKAS, et al.,
:
Defendants. :
:
----------------------------------------------------------X
22-CV-2065 (VSB)
ORDER
VERNON S. BRODERICK, United States District Judge:
On July 1, 2022, I ordered Pro se Plaintiff to file an affidavit of service on or before July
21, 2022, or otherwise risk dismissal of the action pursuant to Federal Rule of Civil Procedure
4(m). (Doc. 9.) I reminded Plaintiff that, even though Plaintiff is proceeding pro se and has
been granted in forma pauperis status, it is Plaintiff’s duty to ensure that the U.S. Marshals
complete service of all Defendants. See, e.g., Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012)
(affirming the dismissal of a pro se plaintiff’s case because she failed to request an extension of
time for the Marshals to effect service); cf. 5 Dickerson v. Napolitano, 604 F.3d 732, 752 (2d
Cir. 2010) (“When a defendant moves to dismiss under Rule 12(b)(5), the plaintiff bears the
burden of proving adequate service.” (internal quotation marks omitted).) That deadline has now
passed, and Plaintiff has not filed an affidavit of service or informed me of any attempts to
complete service.
Accordingly, it is hereby:
ORDERED that Plaintiff file an affidavit of service on or before August 12, 2022.
Plaintiff’s failure to file an affidavit of service by that date will result in dismissal of the action
pursuant to Rule 4(m).
SO ORDERED.
Dated: July 29, 2022
New York, New York
______________________
Vernon S. Broderick
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?