Davis v. City of New York ( 2020 )

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED:__ 6/16/2020 Eugene J. Davis, Plaintiff, 1:20-cv-03892 (LTS) (SDA) -against- ORDER OF SERVICE City of New York et al., Defendants. STEWART D. AARON, United States Magistrate Judge: Because Plaintiff has been granted permission to proceed in forma pauperis (“IFP”) (see ECF No. 5), he is entitled to rely on the Court and the U.S. Marshals Service to effect service. 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 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 each Defendant. 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 these defendants. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. Plaintiff is advised that, due to the health crisis, parties proceeding pro se are encouraged to submit all filings by email to Temporary Pro Se Filing@nysd.uscourts.gov. Additional information, including instructions on this new email service for pro se parties, is available on the Court’s website at https://www.nysd.uscourts.gov/prose. Plaintiff is further advised that there is a legal clinic in this District to assist people who are parties in civil cases and do not have lawyers. The Clinic is run by a private organization called the New York Legal Assistance Group; it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court). An unrepresented party can make an appointment in person or by calling 212-659-6190. A copy of this Order will be mailed to the pro se Plaintiff by Chambers. SO ORDERED. DATED: New York, New York June 16, 2020 Risa hd, Car STEWART D. AARON United States Magistrate Judge