United States Second Circuit

In a civil rights action initiated by a prisoner proceeding in forma pauperis, absent a request from the plaintiff, the district court need not order the Marshals to serve the defendant. Dismissal of complaint under Federal Rule of Civil Procedure 4(m) is vacated as it is uncertain whether plaintiff received notice and whether the district court properly provided notice pursuant to Rule 4(m).

Appellate Information

• Decided 10/29/2007
• Published 11/08/2007

Judges

• PER CURIAM:, Before:  MESKILL, MINER and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Paul Nagy, Pro Se.