holding that it is the plaintiffs responsibility to request an extension of time for service
How later courts described this case
- holding that it is the plaintiffs responsibility to request an extension of time for service
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT D ELO EC CU TM RE ON NT IC ALLY FILED
SOUTHERN DISTRICT OF NEW YORK DOC #:
DATE FILED: 4/15/ 2025
ARTHUR PICCOLO,
Plaintiff,
25-CV-2617 (GHW)
-against-
ORDER OF SERVICE
NEW YORK CITY BOARD OF ELECTIONS,
Defendant.
GREGORY H. WOODS, United States District Judge:
Plaintiff, who is appearing pro se, brings this action under 42 U.S.C. § 1983, seeking to
enjoin Defendant from violating his federal constitutional rights. By order dated March 31, 2025,
the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without
prepayment of fees.
DISCUSSION
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.1 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 Defendant New York City Board of Elections
through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals
1Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a
summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP
and could not have effected service until the Court reviewed the complaint and ordered that any
summonses be issued. The Court therefore extends the time to serve until 90 days after the date
any summonses issue.
Service Process Receipt and Return form (“USM-285 form”) for Defendant. 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 Defendant.
If the complaint is not served within 90 days after the date the summons is issued,
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 plaintiffs responsibility to request an extension of time for
service).
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 instructed to issue a summons for Defendant, complete the
USM-285 form with the address for Defendant, and deliver all documents necessary to effect
service to the U.S. Marshals Service.
The Clerk of Court is directed to mail an information package to Plaintiff.
SO ORDERED.
Dated: April 15, 2025
New York, New York
United States District Judge
SERVICE ADDRESS FOR DEFENDANT
New York City Board of Elections
32-42 Broadway, 7th Floor
New York, NY 10004