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Smith v. Erie County Holding Center

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


May 10, 2010

WILLIAM SMITH, 08-B-0527, PLAINTIFF,
v.
ERIE COUNTY HOLDING CENTER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: H. Kenneth Schroeder, Jr. United States Magistrate Judge

DECISION AND ORDER

By Decision and Order entered January 5, 2009, the Court granted plaintiff permission to proceed in forma pauperis and directed the Clerk of the Court to cause the United States Marshals Service to serve the summons and complaint on the defendants. Dkt. #6. Plaintiff completed the necessary summonses and Marshals Service Return and Receipt of Service Forms, and summonses were issued on January 22, 2009. The summons and complaint and the Marshals Forms forwarded to Michael A. Benson were returned to the Marshals Service with a notation of "No longer at this address." Dkt. #8.

The Court requests that the Erie County Department of Law ascertain a proper address for defendant Michael A. Benson pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d. Cir. 1997) (per curiam). The Erie County Department of Law need not undertake to defend or indemnify Michael A. Benson at this juncture. This order merely provides a means by which the Marshals Service may properly serve Michael A. Benson as instructed by the Second Circuit in Valentin. The Erie County Department of Law is hereby requested to produce the information specified above to the undersigned by May 28, 2010.

Plaintiff is granted an additional 90 days to effect service of the summons and complaint upon defendant Michael A. Benson. See Fed.R.Civ.P. 4(m).

SO ORDERED.

Buffalo, New York

20100510

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