# Brown v. Annucci

> District Court, S.D. New York · April 14, 2022

URL: https://www.frixlaw.com/law-library/cases/10340482

## Case

- **Court:** District Court, S.D. New York
- **Decided:** April 14, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10340482

## Opinion text

USDC SDNY
UNITED STATES DISTRICT COURT DOCUMENT
SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED
DOC #:
CARL BROWN, DATE FILED: —_ 4/14/2022
Plaintiff,
19-cv-02296 (NSR)
-against-
SUPPLEMENTAL ORDER OF
FORMER SUPT. OF GREEN HAVEN THOMAS SERVICE
GRIFFIN, et al.,
Defendants.

NELSON S. ROMAN, United States District Judge:
Plaintiff, currently incarcerated at Great Meadow Correctional Facility, brings this pro se
action under 42 U.S.C. §1983. By order dated June 20, 2019, the Court granted Plaintiff's request
to proceed without prepayment of fees, that is, in forma pauperis. (ECF No. 8.)
On May 18, 2020, the Court issued an Order of Service in which it directed the Clerk of
Court to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for
each of the defendants pursuant to the second amended complaint that listed the service address
for all Defendants, except Anthony Annucci, as Green Haven Correctional Facility, 594 Route
216, Stormville, NY, 12582-0010. (ECF No. 25.) On November 9, 2020, service was attempted
and unexecuted on C.O. Fonseca as he was no longer present at Green Haven. (ECF No. 56.)
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. 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 the summons and complaint be served within 90 days of
the date the complaint is filed, in its previous Opinion and Order the Court extended the time to
serve C.O. Fonseca to May 25, 2022. (ECF No. 129.)
To allow Plaintiff to effect service on C.O. Fonseca through the U.S. Marshals Service, the
Clerk of Court is instructed to fill out a USM-285 form for C.O. Fonseca. According to
Defendants’ letter dated April 13, 2022, the service address for C.O. Fonseca is Queensboro
Correctional Facility, 47-04 Van Dam Street, Long Island City, NY 11101-3081. (ECF No. 137.)
The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all
the paperwork necessary for the Marshals Service to effect service upon this defendant.
CONCLUSION
The Clerk of the Court is respectfully directed to complete the USM-285 form with the
address for Defendant C.O. Fonseca 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 to
Plaintiffs address as listed on ECF and show proof of such service on the docket.
Dated: April 14, 2022
White Plains, New York
NELSONS.ROMAN
United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10340482. Public record. Not legal advice.