Opinion
21-CV-3616 (JGK)
06-14-2021
KEMAR McGregor, Plaintiff, v. BROADCAST MUSIC INCORPORATED (BMI), Defendant.
ORDER OF SERVICE
JOHN G. KOELTL, UNITED STATES DISTRICT JUDGE
Plaintiff, appearing pro se> brings this action under the Copyright Act, 17 U.S.C. § 101, et seq., alleging that Defendant infringed on his musical compositions. By order dated June 4, 2021, the Court granted Plaintiffs request to proceed without prepayment of fees, that is, in forma pauperis (IFP).
DISCUSSION
A. Service on Defendant BMI
Because Plaintiff has been granted permission to proceed IFP, Plaintiff is entitled to rely on the Court and the U.S. Marshals Service to effect service. Walker v. Schult, 717F.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, Plaintiff is proceeding IFP and could not have served the summons and complaint 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 the summons is issued. If the complaint is not served within that time, 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); see also Murray v. Pataki, 378 Fed.Appx. 50, 52 (2d Cir. 2010) ("As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals' failure to effect service automatically constitutes 'good cause' for an extension of time within the meaning of Rule 4(m).").
To allow Plaintiff to effect service on Defendant BM1 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 this 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 this Defendant.
Plaintiff must notify the Court in writing if Plaintiff s address changes, and the Courtmay dismiss the action if Plaintiff fails to do so.
B. Flava Roots Publishing
Plaintiff may not proceed pro se on behalf of Flava Roots Publishing. A person who is not an attorney may only represent himself in a.pro se action; he may not represent another entity. See Rowland v. California Men's Colony, 506 U.S. 194, 202-03 (1993) (noting that courts do not allow corporations, partnerships, associations, and other "artificial entities" to appear in court without an attorney); Pridgen v. Andresen, 113 F.3d 391, 393 (2d Cir. 1997) ("[A]ppearance pro se denotes (in law Latin) appearance for one's self; so that a person ordinarily may not appear pro se in the cause of another person or entity."). Plaintiff may therefore bring his own claims pro se, but Flava Roots Publishing must obtain counsel in order to proceed with this action.
The Court grants Plaintiff thirty days to obtain a counsel on behalf of Flava Roots Publishing. If Plaintiff does not obtain counsel for Flava Roots Publishing by the end of the thirty-day period, the Court may dismiss the claims asserted by Flava Roots Publishing, and the case will proceed with Kemar McGregor as the sole Plaintiff.
CONCLUSION
The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package.
Plaintiff is granted a thirty days' leave to obtain counsel for Flava Roots Publishing.
The Clerk of Court is further instructed to issue a summons, complete the USM-285 form with the address for BMI, and deliver all documents necessary to effect service to the U.S. Marshals Service.
SO ORDERED.