Washington v. Martuscello Jr. et al

Filing 9

ORDER OF SERVICE: The Clerk of Court is instructed to issue a summons for each Defendant, complete the USM-285 form with the address for each Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail a copy of this Order and an information package to Plaintiff. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/5/2024) (mml) Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
OMAR WASHINGTON,

06/05/2024

Plaintiff,
-against-

24-CV-3607 (NSR)

DANIEL F. MARTUSCELLO, JR, Acting
Commissioner NYS DOCCS; SGT. RILEY;
OFFICER WASHINGTON,

ORDER OF SERVICE

Defendants.
NELSON S. ROMÁN, United States District Judge:
Plaintiff, who currently is incarcerated at Sing Sing Correctional Facility, brings this
action, pro se, under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons
Act, 42 U.S.C. § 2000 et seq. By order dated May 31, 2024, the Court 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).

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)(1).
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 until the Court reviewed the complaint and ordered that any
summonses be issued. The Court therefore extends the time to serve until 90 days after the date
any summonses issue.

To allow Plaintiff to effect service on Defendants 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 Defendants. 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 the 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).
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 instructed to issue a summons for each Defendant, complete the
USM-285 form with the address for each Defendant, and deliver all documents necessary to
effect service to the U.S. Marshals Service.
The Clerk of Court is further directed to mail a copy of this Order and an information
package to Plaintiff.
SO ORDERED.
Dated:

June 5, 2024
White Plains, New York
NELSON S. ROMÁN
United States District Judge

2

SERVICE ADDRESS FOR EACH DEFENDANT
Daniel F. Martuscello, Jr.
Acting Commissioner, New York State Department of Corrections and
Community Supervision
Harriman State Campus
Albany, N.Y. 12226-2050
Sgt Riley
Sing Sing Correctional Facility
354 Hunter Street
Ossining, N.Y. 10562
Officer Washington
Sing Sing Correctional Facility
354 Hunter Street
Ossining, N.Y. 10562