Opinion
1:21-cv-01469 (VEC) (SDA)
05-20-2021
Antonio Capolongo, Plaintiff, v. Cynthia Brann et al., Defendants.
ORDER OF SERVICE STEWART D. AARON, United States Magistrate Judge :
Plaintiff, currently incarcerated at the Robert N. Davoren Complex, brings this pro se action under 42 U.S.C. § 1983, alleging that while he was incarcerated the Vernon C. Bain Center, jail officials failed to protect him from contracting COVID-19. By Order dated May 18, 2021, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis. (Order, ECF No. 8.)
Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed in forma pauperis. See 28 U.S.C. § 1915(b)(1).
ORDER OF SERVICE
I. Defendant Yang
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)).
To allow Plaintiff to effect service on Defendant Yang 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 Defendant Yang. 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 Yang.
Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so.
II. Defendant Brann
The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this Order. The Court requests that Commissioner Cynthia Brann waive service of summons.
CONCLUSION
The Clerk of Court is directed to electronically notify the New York City Department of Correction and the New York City Law Department of this Order. The Court requests that Defendant Brann waive service of summons.
The Clerk of Court is further instructed to complete the USM-285 form with the addresses for Defendant Yang and deliver all documents necessary to effect service to the U.S. Marshals Service.
The Clerk of Court is also directed to mail a copy of this Order to Plaintiff along with an information package.
SO ORDERED.
DATED: New York, New York
May 20, 2021
/s/_________
STEWART D. AARON
United States Magistrate Judge
DEFENDANTS AND SERVICE ADDRESSES
1. Patricia Yang
Senior Vice President for Correctional Health Services for NYC Health + Hospitals
55 Water Street
18th Floor
New York, New York 10041