Haskins v. Ms. Harris Badge 17402

Full title: TYQUAN HASKINS, Plaintiff, v. MS. HARRIS Badge 17402, CAPT. POLLARD Badge…

Court: United States District Court, S.D. New York

Date published: Sep 7, 2011

11 Civ. 0376 (PKC) (JCF) (S.D.N.Y. Sep. 7, 2011)

Opinion

11 Civ. 0376 (PKC) (JCF).

September 7, 2011

MEMORANDUM AND ORDER

JAMES FRANCIS IV, Magistrate Judge

When the plaintiff, Tyquan Haskins, failed to serve the complaint within 120 days of its having been filed, I issued a Report and Recommendation dated August 18, 2011, recommending that the complaint be dismissed without prejudice. Subsequently, Mr. Haskins submitted an undated letter indicating that he had recently been transferred to a different correctional facility, had lost some of his legal papers, and had not been receiving mail. I find that this constitutes good cause under Rule 4(m) of the Federal Rules of Civil procedure to extend the plaintiff's time to effect service. Therefore:

1. The Report and Recommendation dated August 18, 2011 is withdrawn.

2. Plaintiff's time to effect service is extended to October 31, 2011.

3. The Pro Se Office shall provide plaintiff with a new service package and a copy of the Pro Se Litigation Manual.

4. The docket shall be modified to reflect plaintiff's new address:

Tyquan Haskins

# 24411010879

Otis Bantum Correctional Center

1600 Hazen Street

East Elmhurst, New York 11370

SO ORDERED.