Polite v. VIP Community Services

Background

Derrick Polite brought this action against VIP Community Services and was granted permission to proceed in forma pauperis (IFP), meaning he could proceed without prepaying court fees. In an IFP case, the court must direct the U.S. Marshals Service to serve the defendant when required service information is available.

The Marshals Service attempted to serve VIP Community Services with the summons and amended complaint, but the papers were returned. The amended complaint listed two different addresses for VIP Community Services. The court had previously directed service at one listed address, but that attempt was unsuccessful.

Order

The court extended the time for service until 90 days after the date of this order. It directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form using the address: VIP Community Services, Attn: Director of Human Services, 770 East 176th Street, Bronx, New York 10460. The Clerk was also directed to issue an amended summons and provide the Marshals Service with the paperwork needed to serve the amended complaint.

Polite was instructed to notify the court in writing if his address changes. The order states that the court may dismiss the action if he fails to do so. The Clerk was requested to mail a copy of the order to Polite, who was proceeding without a lawyer. Judge Stewart D. Aaron entered the order.