Mintu v. Mayorkas ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHARIFUL MINTU, Plaintiff, -against- 22-CV-2065 (VSB) ALEJANDRO MAYORKAS, SECRETARY OF THE DEPARTMENT OF HOMELAND ORDER OF SERVICE SECURITY; UR M. JADDOU, DIRECTOR OF U.S. CITIZEN AND IMMIGRATION SERVICE, Defendants. VERNON S. BRODERICK, United States District Judge: Plaintiff, who is appearing pro se, brings this action seeking a writ of mandamus and declaratory relief. By order dated March 24, 2022, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, to waive the filing fees. DISCUSSION Because Plaintiff has been granted permission to proceed IFP, Plaintiff 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)). Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that summonses and the complaint 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. If the complaint is not served 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 IFP] 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).”). To allow Plaintiff to effect service on Defendants Alejandro Mayorkas and Ur M. Jaddou 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 of these defendants, and check the box on the USM-285 forms 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 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. CONCLUSION The Clerk of Court is further instructed to issue summonses, complete the USM-285 forms with the addresses for Alejandro Mayorkas and Ur M. Jaddou, check the box on the USM- 285 forms labeled “Check for service on U.S.A.,” and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. Dated: March 31, 2022 Vv | New York, New York vt `` Le ta, } VERNON S. BRODERICK United States District Judge DEFENDANTS AND SERVICE ADDRESSES Alejandro Mayorkas Secretary of the Department of Homeland Security U.S. Department of Homeland Security Washington, DC 20528 Ur M. Jaddou Director of Citizenship and Immigration Services U.S. Citizenship and Immigration Services 20 Massachusetts Avenue, NW Washington, DC 20529