Ciccaglione v. New York City Department of Health and Mental Hygiene, 1:21-cv-07696

Pro se plaintiff Bryce Vincent Ciccaglione filed a § 1331 action alleging constitutional violations by the New York City Department of Health and Mental Hygiene and the Mayor of New York City; IFP status granted.
Plaintiff attempted to sue on behalf of himself and "other citizens of New York City similarly situated."
Plaintiff named the Mayor as "Warren Wilhelm, Jr."; public records show the Mayor legally changed his name to Bill de Blasio.
The Court reviewed pleading standards (Twombly/Iqbal/Rule 8) and applied the usual liberal construction for pro se filings, but noted limits on pro se authority to represent others.
The Court dismissed without prejudice any claims asserted on behalf of third parties, directed substitution of Bill de Blasio for Warren Wilhelm, Jr., and instructed the Clerk to prepare USM-285 forms and summonses for Marshal service.
The Court extended the service deadline to 90 days after issuance of summonses, warned the plaintiff to keep address updated, and certified any appeal would not be taken in good faith (denying IFP for appeal).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a pro se plaintiff may represent others	Ciccaglione sought injunctive relief on behalf of similarly situated NYC citizens	N/A (court applied controlling precedent barring non-lawyer representation)	Pro se may not represent third parties; claims on behalf of others dismissed without prejudice
Whether to correct/ substitute the Mayor's name	Plaintiff sued "Warren Wilhelm, Jr."	N/A	Clerk ordered to substitute Bill de Blasio as defendant
How service should be effected and timing	As an IFP plaintiff, Ciccaglione is entitled to rely on the Court/US Marshals for service	N/A	Clerk to prepare USM-285 forms, issue summonses, deliver to U.S. Marshals; service time extended to 90 days after summons; plaintiff must request extensions if needed
Whether IFP covers an appeal	Ciccaglione has been granted IFP to proceed in district court	N/A	Court certified appeal not taken in good faith and denied IFP for appeal

Harris v. Mills, 572 F.3d 66 (2d Cir. 2009) (liberal construction of pro se pleadings)
Ruotolo v. IRS, 28 F.3d 6 (2d Cir. 1994) (limits of pro se pleading solicitude)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility standard under Rule 8)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (legal conclusions vs. factual allegations)
Iannaccone v. Law, 142 F.3d 553 (2d Cir. 1998) (non-lawyers cannot represent others)
Walker v. Schult, 717 F.3d 119 (2d Cir. 2013) (IFP plaintiffs may rely on court/Marshals for service)
Meilleur v. Strong, 682 F.3d 56 (2d Cir. 2012) (plaintiff responsible for requesting extension of service time)