Opinion
22-CV-02198 (PMH)
06-08-2022
RALPH RODRIGUEZ, Plaintiff, v. EDWARD BURNETT, et al., Defendants.
ORDER OF SERVICE
PHILIP M. HALPERN, UNITED STATES DISTRICT JUDGE.
Ralph Rodriguez (“Plaintiff '), currently incarcerated at Fishkill Correctional Facility, brings this action pro se under 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. He asserts that during his confinement at Fishkill, Defendants violated his rights. By Order dated May 27, 2022, Judge Swain granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis (“IFP”). This case was re-assigned to me on June 6, 2022.
Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(1).
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 summonses be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served summonses and the complaint until the Court reviewed the complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued.
To allow Plaintiff to effect service on Defendants 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 the following defendants: the State of New York; Edward R. Burnett, Superintendent; Akinola Franci Akinyombo, Deputy Superintendent; Davachi M. Sullivan, Nurse Practitioner; Sally A. Reams, Supervisor of Inmate Grievance Program; John F. Woods, Deputy Superintendent of Program; Alexandra Ayana Gibbons, Correctional Officer; Luis Gonzalez, Assistant Deputy Superintendent; Stephen Urbanski, Deputy Superintendent of Security; Sharon L. Frost, Deputy Superintendent of Administration; and Charmaine Wayion, Nurse Administrator. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants.
If the complaint is not served within 90 days after the date the summonses are 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 summonses for Defendants State of New York, Burnett, Akinyombo, Sullivan, Reams, Woods, Gibbons, Gonzalez, Urbanski, Frost, and Wayion, complete the USM-285 forms with the addresses for these defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service.
The Clerk of Court is also directed to mail an. information package to Plaintiff.
SO ORDERED.
DEFENDANTS AND SERVICE ADDRESSES
1. State of New York
Attorney General of State of New York
28 Liberty Street
New York, NY 10005
2. Edward Burnett
Superintendent
Fishkill Correctional Facility
18 Strack Drive
Beacon, NY 12508-0307
3. Akino la Franci Akinyombo
Deputy Superintendent
Fishkill Correctional Facility
18 Strack Drive
Beacon, NY 12508-0307
4. Davachi M. Sullivan
Nurse Practitioner
Fishkill Correctional Facility
18 Strack Drive
Beacon, NY 12508-0307
5. Sally A. Reams
Supervisor of Inmate Grievance Program
Fishkill Correctional Facility
18 Strack Drive
Beacon, NY 12508-0307
6. John F. Woods
Deputy Superintendent of Program
Fishkill Correctional Facility
18 Strack Drive
Beacon, NY 12508-0307
7. Alexandra Ayana Gibb ons
Correctional Officer
Fishkill Correctional Facility
18 Strack Drive
Beacon, NY 12508-0307
8. Luis Gonzalez
Assistant Deputy Superintendent
Fishkill Correctional Facility
18 Strack Drive
Beacon, NY 12508-0307
9. Stephen Urbanski
Deputy Superintendent of Security
Fishkill Correctional Facility
18 Strack Drive
Beacon, NY 12508-0307
10. Sharon L. Frost
Deputy Superintendent of Administration
Fishkill Correctional Facility
18 Strack Drive
Beacon, NY 12508-0307
11. Charmaine Wayion
Nurse Administrator Fishkill
Correctional Facility 18 Strack Drive
Beacon, NY 12508-0307