Davis v. Jones et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ISAAC DAVIS, )
)
Plaintiff, )
)
v. ) CIV. A. NO. 25-0199-KD-MU
)
KENYATTA JONES, et al., )
)
Defendants. )
ORDER
On May 16, 2025, Plaintiff Isaac Davis, proceeding without counsel, filed his
amended complaint against Kenyatta Jones and three other defendants. (Doc. 6). This
matter is before the Court on Plaintiff’s motion for a determination of sufficiency of
service of process on Defendant Kenyatta Jones. (Doc. 14). As set forth below,
Plaintiff’s motion (Doc. 14) is GRANTED.
“Valid service of process is an indispensable prerequisite to the assertion of
personal jurisdiction over a defendant.” Hyundai Merch. Marine Co. v. Grand China
Shipping (Hong Kong) Co., 878 F. Supp. 2d 1252, 1260-61 (S.D. Ala. 2012). Because
Plaintiff names Kenyatta Jones, an individual, as a defendant, Federal Rule of Civil
Procedure 4(e) applies and provides:
… an individual … may be served in a judicial district of the United States
by:
(1) following state law for serving a summons in an action brought in
courts of general jurisdiction in the state where the district court is located
or where service is made; or
(2) doing any of the following:
(A) delivering a copy of the summons and of the complaint to the
individual personally;
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(B) leaving a copy of each at the individual’s dwelling or usual place of
abode with someone of suitable age and discretion who resides there;
or
(C) delivering a copy of each to an agent authorized by appointment or
by law to receive service of process.
Fed. R. Civ. P. 4(e)(1).
This action was filed in the Southern District of Alabama; therefore, Alabama
state rules governing service may be followed. Rule 4(c) of the Alabama Rules of Civil
Procedure provides that service on an individual may be made “by serving the individual
or by leaving a copy of the summons and the complaint at the individual’s dwelling
house or usual place of abode with some person of suitable age and discretion then
residing therein or by delivering a copy of the summons and the complaint to an agent
authorized by appointment or by law to receive service or process.” Ala. R. Civ. P.
4(c)(1). Under the Alabama Rules of Civil Procedure, the summons and complaint may
be served in accordance with Rule 4(c) by process server or by certified mail. Ala. R.
Civ. P. 4(i)(1) and (2).
In this case, Plaintiff has submitted evidence that he attempted service by private
process service that was unsuccessful because Jones refused to accept service. (Doc.
10). Thereafter, Plaintiff attempted service on Jones via certified mail, but the return of
service was not signed by Jones or any other person. (Id.; PageID. 1). The Alabama
Rules of Civil Procedure provide that if service is refused, “the clerk shall send by
ordinary mail a copy of the summons or other process and complaint or other document
to be served to the defendant at the address set forth in the complaint or other
document to be served” and that “[s]ervice shall be deemed complete when the fact of
mailing is entered of record.” Ala. R. Civ. P. 4(e).
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Based upon the information set out above and a review of the service documents
submitted by Plaintiff, the Court finds that Kenyatta Jones has refused service.
Accordingly, the Clerk of Court is DIRECTED to mail a copy of the summons and
complaint to Kenyatta Jones at 957 Dauphin Street #5, Mobile, AL 36604 by first class
mail. The Clerk is further DIRECTED to enter the fact of mailing on the docket sheet on
the date the summons and complaint are mailed. See Ala. R. Civ. P. 4(e).
DONE and ORDERED this the 25th day of June, 2025.
s/P. BRADLEY MURRAY
UNITED STATES MAGISTRATE JUDGE
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