Cooley v. City of Saint Louis et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
)
JEROME COOLEY, 	)
)
Plaintiff, 	) 	No. 4:25-CV-910 JSD
)
v. 	)
)
CITY OF ST. LOUIS, etc. 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
On January 13, 2026, the Court ordered Plaintiff to file an affidavit of service for James
Wilson or provide a notice stating why service has not been completed on James Wilson no later
than January 20, 2026. (ECF No. 51) See Fed. R. Civ. P. 4(m). On January 28, 2026, Plaintiff
filed an “Officer’s or Server’s Return” for Case Number 2422-CC00264 (the original state court
case number), stating that Plaintiff’s special process server left service of process “with mayoral
assistant at City Hall.” (ECF No. 52)
Rule 4 provides the following methods under which a plaintiff may properly effectuate
service of process in federal court:
(1) as allowed by state law in the state where the district court is located (here, Missouri
state law);
(2) by delivering a copy of the summons and of the complaint personally to an individual;
(3) leaving a copy at the individual's dwelling or usual place of abode with someone of
suitable age and discretion who resides there, or
(4) delivering a copy to an agent authorized by appointment or by law to receive service
of process.
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See Fed. R. Civ. P. 4(e). Under Missouri Supreme Court Rule 54.13(b)(1) and § 506.150, RSMo,
service of process may be completed upon an individual in much the same way as stated above:
delivering a copy of the summons and petition personally to an individual; leaving a copy at the
individual's dwelling or usual place of abode with a person who resides there and is at least 18
years old; or by delivering a copy to an agent authorized by appointment or by law to receive
service of process. Carter v. Schoonover, No. 4:21-CV-00688-RK, 2022 WL 993088, at *2
(W.D. Mo. Mar. 24, 2022). Additionally, Missouri allows for service by mail under Missouri
Supreme Court Rule 54.16.
The Court orders Plaintiff to show cause in writing as to whether service was effective on
Defendant James Wilson, given that the Officer’s or Server’s Return (ECF No. 52) referenced
the state court case number and the summons was not served personally on Defendant Wilson.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff shall show cause in writing, no later than
February 3, 2026, whether service was effective on Defendant James Wilson.
Dated this 28th day of January, 2026.
JOSEPH S. DUEKER
UNITED STATES MAGISTRATE JUDGE
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