Opinion

Brown v. Laino

Court
District Court, S.D. New York
Filed
Apr 18, 2025
Cited by
0 cases
Authority
More cited than 34.9%

holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue

How later courts described this case

  • holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue
  • holding that it is the plaintiff’s responsibility to request an extension of time for service

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

CARL BROWN,

Plaintiff,

-against-

SGT. LAINO; SGT GUNSETT; C.O. ROGERS; ORDER OF SERVICE

C.O. KWARTLER; C.O. MCNEIL; C.O.

24-CV-6677 (PMH)

LEWIS; LT. ANSPACH; ASHLEY BARTLETT;

GREEN HAVEN SUPT. MILLER; HEARING

OFFICER GUTWEIN; DIRECTOR OF

SPECIAL HOUSING ANTHONY

RODRIGUEZ,

Defendants.

PHILIP M. HALPERN, United States District Judge:

On April 7, 2024, the Court issued an order, inter alia, directing the OAG to contact

Defendants Officers McNeil and Rogers and provide them the option to either: (i) permit the OAG

to accept service of Plaintiff's Complaint, on their behalf; or (ii) to provide the Court with their

current business addresses for service of process to permit the U.S. Marshals Service to serve the

foregoing upon them. (Doc. 37). On April 16, 2025, the OAG filed letters notifying the Court that

Defendants Officers McNeil and Rogers have authorized the Department of Corrections and

Community Supervision ("DOCCS") to accept service on their behalf, and then provided the Court

with updated service addresses for Defendants Officers McNeil and Rogers. (Docs. 40 and 41).

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

1 The time to serve Defendants Officers McNeil and Rogers is extended until 90 days after the date a

summons is issued.

. . . 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 Defendants Officers McNeil and Rogers 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 these defendants. 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 Defendants.

If the complaint is not served within 90 days after the date 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 plaintiff’s responsibility to request an extension of time for service).

Plaintiff is reminded that he 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 directed to issue amended summonses for Defendants Officers

McNeil and Rogers, complete the USM-285 form with the addresses for these defendants, and

deliver all documents necessary to effect service on these defendants to the U.S. Marshals Service.

The Clerk of Court is further directed to mail Plaintiff an information package.

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not

be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge

v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith

when he seeks review of a nonfrivolous issue).

SO ORDERED.

Dated: White Plains, New York

April 17, 2025

PHILIP M. HALPERN

United States District Judge

DEFENDANTS AND SERVICE ADDRESSES

1. Officer McNeil

Department of Corrections and Community Supervision

Bronx IV Area Office

14 Bruckner Boulevard

Bronx, NY 10454

2. Officer Rogers

Department of Corrections and Community Supervision

Office of Counsel

The Harriman State Campus

1220 Washington Avenue

Albany, NY 12226

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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