Zhuo v. Edlow et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Xiuhong Zhuo,
Plaintiff,
v.
Joseph B Edlow, et al.,
Defendants.
No. CV-26-02457-PHX-DJH
ORDER
This case is before the Court on its own review. Plaintiff Xiuhong Zhuo (“Plaintiff”)
filed an Affidavit of Service (Doc. 5) on April 15, 2026. Upon review, service as to the
United States, its agency, and its official is deficient.
To serve the United States, the plaintiff must deliver a copy of the summons and
complaint to the United States Attorney for the district in which the action is brought and
send by registered or certified mail a copy to the Attorney General of the United States.
Fed. R. Civ. P. 4(i). To serve an agency of the United States, the plaintiff must serve both
the United States and the agency by registered or certified mail. Id. However, Plaintiff’s
Affidavit states that the Summons and Complaint were sent to the Civil Process Clerk, U.S.
Attorney General, Secretary of DHS, and Director of USCIS “via U.S. Regular Mail.” (See
Doc 5 at 2). This method does not comply with Rule 4(i)’s requirement that service be
made by registered or certified mail.
Accordingly,
IT IS ORDERED that Plaintiff’s Affidavit of Service (Doc. 5) is STRUCK from
Case 2:26-cv-02457-DJH Document 12 Filed 06/26/26 Page 1 of 2

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the record. Plaintiff must complete proper service upon Defendants by July 2, 2026
(Doc. 4). Any Defendant not properly served by this deadline will be terminated
without further notice.
IT IS FURTHER ORDERED vacating the Rule 16 Scheduling Conference set
for July 2, 2026 (Doc. 6), to be reset if Plaintiff files valid proof of service on Defendants.
Dated this 26th day of June, 2026.
Honorable Diane J. Humetewa
United States District Judge
Case 2:26-cv-02457-DJH Document 12 Filed 06/26/26 Page 2 of 2