Kim v. National Board of Medical Examiners

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

JOEL KIM,

Plaintiff,

7:25-CV-3732 (CS)

-against-

ORDER OF SERVICE

NATIONAL BOARD OF MEDICAL

EXAMINERS,

Defendant.

CATHY SEIBEL, United States District Judge:

Plaintiff Joel Kim of New York, New York, who is appearing pro se, asserts a claim under

Title III of the Americans with Disabilities Act of 1990. He sues the National Board of Medical

Examiners (“NBME”).

By order dated May 5, 2025, the court granted Plaintiff’s request to proceed in forma

pauperis (“IFP”), that is, without prepayment of fees. The Court directs service on NBME.

DISCUSSION

Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on

assistance from the Court and the United States Marshals Service (“USMS”) 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 USMS to serve if the plaintiff is authorized to proceed IFP).

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 a

summons be issued. The Court therefore extends the time to serve until 90 days after the date

that a summons issues.

To allow Plaintiff to effect service of the complaint on NBME, the Clerk of Court is

instructed to fill out a USMS Process Receipt and Return form (“USM-285 forms”) for NBME.

The Clerk of Court is further instructed to issue a summons for NBME, and deliver to the USMS

all the paperwork necessary for the USMS to effect service of a summons and the complaint on

NBME.

If a summons and the complaint are not served on NBME within 90 days after the date

that a summons for NBME has 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 must notify the Court in writing if his address changes, and the Court may

dismiss the action if he fails to do so.

CONCLUSION

The Court directs the Clerk of Court to mail an information package to Plaintiff.

The Court also directs the Clerk of Court to: (1) issue a summons for the National Board

of Medical Examiners (“NBME”); (2) complete a USM-285 form with the service address for

NBME, and; (3) deliver all documents necessary to effect service of a summons and the

complaint on NBME to the USMS.

SO ORDERED.

Dated: May 6, 2025

White Plains, New York Aaskek

United States District Judge

DEFENDANT AND SERVICE ADDRESS

National Board of Medical Examiners (NBME)

3750 Market Street

Philadelphia, Pennsylvania 19104-3102

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