Little John v. Judge Best et al
| John Little |
| District Attorney, Bronx Supreme Court part M94, Judge Best and Chase Bank on Southern Blvd. and Westchester Bx., NY |
| 1:2013cv03814 |
| June 3, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Loretta A. Preska |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
10
MEMORANDUM OPINION AND ORDER OF SERVICE: #103638 To allow the plaintiff, who is proceeding in forma pauperis, to effect service on Defendant Police Officer McLane through the U.S. Marshals Service, the Clerk of Court is instructed to send the plainti ff one U.S. Marshals Service Process Receipt and Return form (USM-285 form) for this defendant. Within thirty days of the date of this Order, the plaintiff must complete a USM-285 form for Defendant McLane and return this form to the Court. If the p laintiff does not wish to use the Marshals Service to effect service, he must notify the Court in writing within thirty days of the date of this Order and request that a summons be issued directly to him. If within thirty days, the plaintiff has not returned the USM-285 form or requested a summons, under Rule 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. Upon receipt of the completed USM-285 form, the Clerk of Court shall issue a summo ns and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Defendant McLane. No matter what method of service the plaintiff chooses, he must effect service within 120 days of the date the su mmons is issued. It is the plaintiffs responsibility to inquire of the Marshals Service as to whether service has been made and if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). If with in 120 days of issuance of the summons, the plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prose cute. Finally, it is the plaintiffs obligation to promptly submit a written notification to the Court if the plaintiffs address changes, and the Court may dismiss the action if the plaintiff fails to do so. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge John G. Koeltl on 9/27/2013) (rsh) Modified on 9/30/2013 (sdi).
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