Opinion
22-CV-3167 (JPO)
06-17-2022
PIERRE LAVI, Plaintiff, v. MUFG BANK; DANAMON BANK, an instrumentality of MUFG Bank, Defendants.
ORDER OF SERVICE
J. PAUL OETKEN, United States District Judge:
Plaintiff, who is appearing pro se, brings this action invoking the Court's diversity jurisdiction. He seeks to recover the balance held in a bank account maintained by Defendant Danamon Bank, in Indonesia. By order dated June 14, 2022, the court granted Plaintiff's request to proceed in forma pauperis (IFP), that is, without prepayment of fees. The Court directs service on Defendant MUFG Bank.
DISCUSSION
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).
Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the summons and the complaint until the Court reviewed the complaint and ordered that the summons be issued. The Court therefore extends the time to serve until 90 days after the date the summons is issued.
To allow Plaintiff to effect service on Defendant MUFG Bank 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 Defendant MUFG Bank.
If the complaint is not served within 90 days after the date the 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 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 instructed to issue a summons for Defendant MUFG Bank, complete the USM-285 forms with the addresses for this defendant, and deliver all documents necessary to effect service on Defendant MUFG Bank to the U.S. Marshals Service.
The Clerk of Court is also directed to mail an information package to Plaintiff.
SO ORDERED.