Brian Daley v. Nassau County Sheriff's Department, et al.

Summary

The United States District Court for the Eastern District of New York directs pro se plaintiff Brian Daley to serve the defendants by March 23, 2026, under Federal Rule of Civil Procedure 4(m), or show good cause for failure to do so. The Order also requires filing proof of service, denies in forma pauperis status for any appeal, and directs the Clerk to mail the Order to Daley.

Holdings

1. Plaintiff must serve defendants by March 23, 2026, or show good cause for failing to do so; otherwise, the complaint will be dismissed without prejudice.
2. After serving defendants, plaintiff must file proof of service with the court within fourteen days of service.
3. Any appeal from the order would not be taken in good faith, and in forma pauperis status is denied for purposes of any appeal.

Questions Presented

1. What deadline and consequences apply to plaintiff's failure to serve defendants under Federal Rule of Civil Procedure 4(m)?
2. What additional filing obligation applies after service is completed?
3. Whether an appeal from the order would qualify for in forma pauperis status under 28 U.S.C. § 1915(a)(3).

Disposition

other