Crimmins v. United States et al

Filing 9

ORDER OF SERVICE: The Clerk of Court is directed to mail Plaintiff an information package. The Clerk of Court is further instructed to issue summonses for Defendants United States of America, J.A. Jamison, Carnales, Nicolas Cerra, Johnson, Blaine, and Zurita, complete the USM-285 form with the address for Defendant, check the box on the USM-285 form labeled "Check for service on U.S.A," and deliver all documents necessary to effect service to the U.S. Marshals Service. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/26/2024) (jca) Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
THOMAS W. CRIMMINS,
Plaintiff,
-against-

24-CV-0995 (PMH)

UNITED STATES; J.A. JAMISON;
CARNALES; NICHOLAS CERRA; JOHNSON;
BLAINE; ZURITA,

ORDER OF SERVICE

Defendants.
PHILIP M. HALPERN, United States District Judge:
Plaintiff, who is currently incarcerated at FCI Otisville and proceeding pro se, brings this
action under the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. § 2000bb-1, and the
Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346, alleging that Defendants violated his rights
during his incarceration at Otisville.
By order dated February 27, 2024, Chief Judge Laura Taylor Swain granted Plaintiff’s
request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. 1 Because
Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the Court and the
U.S. 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)).

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)(1).

1

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 served
summonses and the complaint until the Court reviewed the complaint and ordered that summonses be
issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued.
2

To allow Plaintiff to effect service on Defendants United States of America, J.A. Jamison,
Carnales, Nicolas Cerra, Johnson, Blaine, and Zurita 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 (“USM285 form”) for Defendants, including checking the box on the USM-285 form labeled “Check for
service on U.S.A.” The Clerk of Court is further instructed to issue summonses and deliver to the
Marshals Service all the paperwork necessary for the Marshals Service to effect service upon
Defendants.
If the complaint is not served within 90 days after the date summonses are issued, 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).
Failure to request an extension of time for service will result in this action being dismissed without
prejudice pursuant to Federal Rule of Civil Procedure 4(m).
Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss
the action if Plaintiff fails to do so.
CONCLUSION
The Clerk of Court is directed to mail Plaintiff an information package.
The Clerk of Court is further instructed to issue summonses for Defendants United States
of America, J.A. Jamison, Carnales, Nicolas Cerra, Johnson, Blaine, and Zurita, complete the
USM-285 form with the address for Defendant, check the box on the USM-285 form labeled
“Check for service on U.S.A,”and deliver all documents necessary to effect service to the U.S.
Marshals Service.

2

SO ORDERED.
Dated:

White Plains, New York
March 26, 2024
PHILIP M. HALPERN
United States District Judge

3

DEFENDANTS AND SERVICE ADDRESSES
United States of America
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
United States Attorney for the Southern District of New York
Civil Division
86 Chambers Street, 3rd Floor
New York, NY 10007
Federal Bureau of Prisons
320 First Street, NW
Washington, DC 20534
Warden J.A. Jamison
FCI Otisville
Two Mile Drive
Otisville, NY 10963
Carnales, Food Services Administrator
FCI Otisville
Two Mile Drive
Otisville, NY 10963
Nicolas Cerra, Cook Foreman
FCI Otisville
Two Mile Drive
Otisville, NY 10963
Johnson, Food Service Staff
FCI Otisville
Two Mile Drive
Otisville, NY 10963
Blaine, Food Service Staff
FCI Otisville
Two Mile Drive
Otisville, NY 10963
Zurita, Food Service Staff
FCI Otisville
Two Mile Drive
Otisville, NY 10963