Lovell v. Roberts et al

Filing 33

ORDER: To allow the plaintiff, who is proceeding in forma pauperis, to effect service on the defendants added by the Amended Complaint, see ECF No. 30, through the U.S. Marshals Service, the Clerk of Court is instructed to send the plaintiff one U. S. Marshals Service Process Receipt and Return form ("USM-285 form" ) for each defendant. Within thirty days of the date of this order, the plaintiff must complete a USM- 285 form for each defendant and return those forms to the Court. If the plaintiff does not wish to use the Marshals Service to effect service, the plaintiff must notify the Court in writing within thirty days of the date of this order and request that a summons be issued directly to the plaintiff. If within thirty da ys, the plaintiff has not returned the USM- 285 forms or requested a summons, under Rule 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Upon receipt of each completed USM- 285 form, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon each defendant. No matter what method of service Plaintiff chooses, she must effect service withi n 90 days of the date the summons is issued. It is the plaintiff's responsibility to inquire of the Marshals Service as to whether service has been made and if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F . 3d 56, 63 (2d Cir. 2012). If within 90 days of issuance of the summons, the plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure, the Court may dismis s this action for failure to prosecute. Finally, it is the plaintiff's obligation to promptly submit a written notification to the Court if the plaintiff's address changes, and the Court may dismiss the action if the plaintiff fails to do so. SO ORDERED. (Signed by Judge John G. Koeltl on 11/26/2024) (ks) Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BARBARA J . LOVELL,

Plaintiff,
- against -

24-cv-2873 (JGK)
ORDER

THE CITY OF NEW YORK, ET AL . ,
Defendants.

JOHN G. KOELTL, District Judge :

To allow the plaintiff, who is proceeding in forma
pauperis , to effect service on the defendants added by the
Amended Complaint, see ECF No . 30, through the U.S. Marshals
Service , the Clerk of Court is instructed to send the plaintiff
one U. S . Marshals Service Process Receipt and Return form ("USM285 form " ) for each defendant .

Within thirty days of the date

of this order , the plaintiff must complete a USM - 285 form for
each defendant and return those forms to the Court.
If the plaintiff does not wish to use the Marshals Service
to effect service , the plaintiff must notify the Court in
writing within thirty days of the date of this order and request
that a summons be issued directly to the plaintiff .

If within

thirty days , the plaintiff has not returned the USM - 285 forms or
requested a summons , under Rule 4l (b ) of the Federal Rules of
Civil Procedure , the Court may dismiss this action for failure
to prosecute .

Upon receipt of each completed USM - 285 form , the Clerk of
Court shall issue a summons and deliver to the Marshals Service
all of the paperwork necessary for the Marshals Service to
effect service upon each defendant .
No matter what method of service Plaintiff chooses, she
must effect service within 90 days of the date the summons is
issued .

It is the plaintiff's responsibility to inquire of the

Marshals Service as to whether service has been made and if
necessary, to request an extension of time for service.
Meilleur v . Strong, 682 F . 3d 56, 63 (2d Cir . 2012) .

See

If within

90 days of issuance of the summons , the plaintiff has not made
service or requested an extension of time in which to do so,
under Rules 4(m) and 41(b) of the Federal Rules of Civil
Procedure , the Court may dismiss this action for failure to
prosecute .

Finally, it is the plaintiff's obligation to

promptly submit a written notification to the Court if the
plaintiff ' s address changes , and the Court may dismiss the
action if the plaintiff fails to do so .
SO ORDERED.
Dated :

New York, New York
November 26, 2024
United States District Judge