Lugo v. The Center ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X : CARLOS LUGO, : : Plaintiff, : : 21-cv-7423 (VSB) -against- : : ORDER LESBIAN & GAY COMMUNITIES : SERVICE CENTER, et al., : : Defendants. : : ----------------------------------------------------------X VERNON S. BRODERICK, United States District Judge: Pro se Plaintiff filed his complaint initiating this action on September 3, 2021. (Doc. 1.) The Court granted Plaintiff’s request to proceed in forma pauperis (IFP), thus entitling Plaintiff to rely on the Court and the U.S. Marshals Service to effect service. (Doc. 5.) I also extended the deadline by which Plaintiff needed to serve Defendants with the complaint, until 90 days after summonses were issued. (Id.) If the complaint is not served within this time, Plaintiff can request an extension of time for service. (Id.) 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). Summonses were issued on September 20, 2021. (Doc. 7.) Accordingly, the deadline for the U.S. Marshals Service to serve Defendants is December 19, 2021. To date, an affidavit of service has not been filed. Therefore, if the U.S. Marshals Service appears unable to effect service by December 19, 2021, Plaintiff is directed to file a letter with the court seeking an extension of time to serve Defendants. If the deadline passes, and Plaintiff fails to request an extension or otherwise demonstrate that he intends to prosecute this litigation, I may dismiss this case pursuant to Federal Rule of Civil Procedure 4(m). The Clerk of Court is respectfully directed to mail a copy of this order to the pro se plaintiff. SO ORDERED. Dated: December 2, 2021 New York, New York / 7 Vernon S. Broderick United States District Judge