Jaber v. Hanley

Filing 9

ORDER OF SERVICE: The Court directs the Clerk of Court to mail an information package to Plaintiff. The Court also directs the Clerk of Court to: (1) issue a summons for Christina Hanley; (2) complete a USM-285 form with the service addresses of Ha nley; (3) mark the box on the USM-285 form labeled "Check for service on U.S.A."; and (4) deliver all documents necessary to effect service of the summons and the complaint on Hanley and the United States of America to the United States Marshals Service. SO ORDERED. Copies mailed to counsel by chambers. (Signed by Judge Colleen McMahon on 5/2/2024) (tg) Modified on 5/8/2024 (tg).

UNITED STATES DISTRI CT COURT
SOUTHERN DISTRICT OF NEW YORK

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DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED:

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FAOUZI JABER,
Plaintiff,

1:24-CV-0998 (CM)

-againstORDER OF SERVICE
CHRISTINA HANLEY,
Defendant.
COLLEEN McMAHON, United States District Judge:
Plaintiff Faouzi Jaber, who is currently incarcerated in the Federal Correctional
Institution (Gilmer), in Glenville, West Virginia, brings this action prose, asserting claims under
Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). He
seeks injunctive relief (the return of his passport) and damages, and he sues Drug Enforcement
Agency (DEA) Agent Christina Hanley, arising from the alleged seizure of his personal property.
The Court construes Plaintiff's complaint as asserting claims against the Government for
injunctive relief, under Rule 41(g) of the Federal Rules of Criminal Procedure, in connection
with his closed criminal action, United States v. Jaber, l: 13-CR-0485 (CM), as well as claims
against Hanley for damages, under Bivens.
By order dated March 15, 2024, the Court granted Plaintiff's request to proceed informa
pauperis ("IFP"), that is, without prepayment of fees . 1 The Court directs service on Hanley.

1

Prisoners are not exempt from paying the full filing fee, even when they have been
granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(l).

DISCUSSION
Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the
assistance of the Court and the United States Marshals Service to effect service. 2 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 Hanley through the United States Marshals Service,
the Clerk of Court is instructed to fill out a United States Marshals Service Process Receipt and
Return form ("USM-285 form") for Hanley. The Clerk of Court is further instructed to: (1) mark
the box on the USM-285 form labeled "Check for service on U.S.A."; and (2) issue a summons
for Hanley, and deliver to the United States Marshals Service a copy of this order and all other
paperwork necessary for the United States Marshals Service to effect service on Hanley and the
United States of America.

It is Plaintiff's responsibility to ensure that service is made within 90 days of the date the
summons is issued and, if necessary, to request an extension of time for service. See Meilleur v.

Strong, 682 F.3d 56, 63 (2d Cir. 2012). Plaintiff also must notify the Court in writing if his
address changes, and the Court may dismiss this action if Plaintiff fails to do so.

2

Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a
summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP
and could not have effected service on Hanley until the Court reviewed the complaint and
ordered that a summons be issued for Hanley. The Court therefore extends the time to serve
Hanley until 90 days after the date that a summons for Hanley is issued.
2

CONCLUSION
The Court directs the Clerk of Court to mail an information package to Plaintiff.
The Court also directs the Clerk of Court to: (1) issue a summons for Christina Hanley;
(2) complete a USM-285 form with the service addresses of Hanley; (3) mark the box on the
USM-285 form labeled "Check for service on U.S.A."; and (4) deliver all documents necessary
to effect service of the summons and the complaint on Hanley and the United States of America
to the United States Marshals Service.
SO ORDERED.
Dated:

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New York, New York
COLLEEN McMAHON
United States District Judge

3

DEFENDANT AND SERVICE ADDRESSES

1.

Christina Hanley
Drug Enforcement Agency
8701 Morrissette Drive
Springfield, Virginia 22152

2.

Attorney General of the United States
United States Department of Justice
95 0 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001

3.

United States Attorney
Southern District of New York
Civil Division
86 Chambers Street, 3rd Floor
New York, New York 10007