Crichlow v. Fischer et al

Filing 211

ORDER OF SERVICE: The service address for this defendant is as follows: Dr. Stolfl, D.D.S., Green Haven Correctional Facility, 594 NY-216, Stormville, New York 12582. The Clerk of Court is further instructed to issue a summons with respect t o Defendant Stolfl and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon this defendant. As discussed during the September 2, 2022 conference, Plaintiff also must mail a copy of the sum mons and the Second Amended Complaint to the New York State Department of Corrections and Community Supervision at the following address: New York State Department of Corrections and Community Supervision, The Harriman State Campus, Building 2, 1 220 Washington Avenue, Albany, New York 12226. Accordingly, the deadline to complete service on all newly-named defendants-i.e., Dr. Stolfl, Doris Barczak, Ada Perez, and Earl Hughes-is now December 5, 2022. Service cannot be effectuated on Defe ndant Barczak through the U.S. Marshals Service until such time as Plaintiff provides the Court with this defendant's address. The Clerk of the Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Magistrate Judge Andrew E. Krause on 9/6/2022) (ate) Transmission to Pro Se Assistants for processing.

Case 7:12-cv-07774-NSR-AEK Document 211 Filed 09/06/22 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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KEVIN CRICHLOW,
Plaintiff,
-against-

ORDER OF SERVICE
12-cv-7774 (NSR) (AEK)

DR. ELLEN YOUSSEF; WARDEN ADA PEREZ;
IGRC EARL HUGHES; DR. STOLFL, D.D.S;
DORIS BARCZAK,
Defendants.
-------------------------------------------------------------X
THE HONORABLE ANDREW E. KRAUSE, U.S.M.J.
By order dated February 8, 2013, the Court granted Plaintiff’s request to proceed without
prepayment of fees, that is, in forma pauperis. ECF No. 5. On January 11, 2022, the Court
granted Plaintiff permission to file a Second Amended Complaint. Plaintiff filed his Second
Amended Complaint on May 19, 2022; the amended pleading added four new defendants. ECF
No. 202. The Court issued an order on July 1, 2022 to enable Plaintiff to effect service on two of
those four newly-named defendants—Ada Perez and Earl Hughes. ECF No. 204.
Since that date, the Court has conducted multiple status conferences and received
information from counsel of record from the New York State Attorney General’s Office
regarding the two other newly-named defendants, Dr. Stolfl, D.D.S. and Doris Barczak. The
most recent such conference took place on September 2, 2022. Now, to allow Plaintiff to effect
service on newly-named Defendant Dr. Stolfl, D.D.S. 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 this defendant. The service address for this defendant is as follows:

Case 7:12-cv-07774-NSR-AEK Document 211 Filed 09/06/22 Page 2 of 3

Dr. Stolfl, D.D.S.
Green Haven Correctional Facility
594 NY-216
Stormville, New York 12582
The Clerk of Court is further instructed to issue a summons with respect to Defendant
Stolfl and deliver to the Marshals Service all of the paperwork necessary for the Marshals
Service to effect service upon this defendant. As discussed during the September 2, 2022
conference, Plaintiff also must mail a copy of the summons and the Second Amended
Complaint to the New York State Department of Corrections and Community Supervision
at the following address:
New York State Department of Corrections and Community Supervision
The Harriman State Campus, Building 2
1220 Washington Avenue
Albany, New York 12226
Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a
summons and complaint be served within 90 days of the date the complaint is filed, the Court
hereby extends the time to serve Defendant Stolfl until 90 days from the date of this Order, i.e.,
until December 5, 2022. If the Second Amended Complaint is not served on Defendant Stolfl
within that time, Plaintiff should request an extension of time for service. See Meilleur v. Strong,
682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an
extension of time for service); see also Murray v. Pataki, 378 F. App’x 50, 52 (2d Cir. 2010)
(“As long as the [plaintiff proceeding in forma pauperis] provides the information necessary to
identify the defendant, the Marshals’ failure to effect service automatically constitutes ‘good
cause’ for an extension of time within the meaning of Rule 4(m).”).
In addition, at the September 2, 2022 conference, Plaintiff requested an extension of time
to complete service on Defendants Perez, Hughes, and Doris Barczak, because there is no

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indication on the docket that the Marshals Service has completed service on Defendants Perez
and Hughes, and because no potential service address has been identified yet for Defendant
Barczak. The Court granted that application during the conference, and memorializes that
approval here. Accordingly, the deadline to complete service on all newly-named defendants—
i.e., Dr. Stolfl, Doris Barczak, Ada Perez, and Earl Hughes—is now December 5, 2022. Service
cannot be effectuated on Defendant Barczak through the U.S. Marshals Service until such time
as Plaintiff provides the Court with this defendant’s address. In order for Defendant Barczak to
be served by December 5, 2022, Plaintiff will have to provide her address to the Court well in
advance of the deadline. The failure to effect proper service on a defendant by the December 5,
2022 deadline may result in the dismissal of Plaintiff’s claims against that defendant.
The Clerk of the Court is respectfully directed to mail a copy of this Order to the pro se
Plaintiff.
Dated: September 6, 2022
White Plains, New York

SO ORDERED.
___________________________________
ANDREW E. KRAUSE
United States Magistrate Judge

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