Boswell v. McDonough

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25-cv-1769-RSH-AHG
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SHEQUITA BOSWELL,
Plaintiff,
v.
DOUGLAS A. COLLINS, Secretary, U.S.
Department of Veterans Affairs,1
Defendant.
Case No.: 25-cv-1769-RSH-AHG
ORDER (1) EXTENDING TIME TO
EFFECT SERVICE OF PROCESS,
AND (2) DIRECTING FURTHER
SERVICE OF PROCESS
On July 10, 2025, plaintiff Shequita Boswell, proceeding pro se, filed a civil action
against the Secretary of the U.S. Department of Veterans Affairs alleging pregnancy
discrimination. ECF No. 1. Plaintiff also filed a motion to proceed in forma pauperis
(“IFP”) pursuant to 28 U.S.C. §1915(a). ECF No. 2.
On August 1, 2025, the Court granted Plaintiff’s IFP motion and screened the
complaint pursuant to 28 U.S.C. § 1915(e)(2). ECF No. 3. The Court dismissed the
complaint for failure to state a claim, but granted Plaintiff leave to amend. Id. at 5.
1 Douglas A. Collins is the current Secretary of Veterans Affairs and is automatically
substituted as the defendant pursuant to Federal Rule of Civil Procedure 25(d).
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On August 26, 2025, Plaintiff filed her Amended Complaint. ECF No. 4. On
September 5, 2025, the Court issued an order directing service of process. ECF No. 5.
Specifically, the Court: (1) directed the Clerk to provide Plaintiff with an IFP Package, (2)
directed Plaintiff to complete Form USM-285, and (3) directed the U.S. Marshals Service
to effectuate service of process as provided in the Form USM-285 that Plaintiff was to
complete. Id.
On September 25, 2025, the U.S. Marshals Service returned a Form USM-285 that
had been completed by Plaintiff and served by the U.S. Marshals Service at the address
Plaintiff provided. ECF No. 7. That form reflects a service address of only the U.S.
Attorney’s Office in San Diego, California. Id. There have been no subsequent filings, and
Defendant has not appeared.
I. 	Rules Governing Service on Federal Government Defendant
Rule 4(i) of the Federal Rules of Civil Procedure governs service of process on the
United States and its agencies or employees:
(1) United States. To serve the United States, a party must:
(A) 	(i) deliver a copy of the summons and of the complaint to
the United States attorney for the district where the action is
brought—or to an assistant United States attorney or clerical
employee whom the United States attorney designates in a
writing filed with the court clerk—or
(ii) send a copy of each by registered or certified mail to
the civil-process clerk at the United States attorney’s office;
[and]
(B) send a copy of each by registered or certified mail to the
Attorney General of the United States at Washington, D.C.; …
….
(2) Agency; Corporation; Officer or Employee Sued in an Official
Capacity. To serve a United States agency or corporation, or a United
States officer or employee sued only in an official capacity, a party must
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25-cv-1769-RSH-AHG
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serve the United States and also send a copy of the summons and of the
complaint by registered or certified mail to the agency, corporation,
officer, or employee.
Fed. R. Civ. P. 4(i)(1), (2).
Here, because Plaintiff is filing suit against the Secretary of the U.S. Department of
Veterans Affairs in his official capacity, Plaintiff must serve, via registered or certified
mail sent by the U.S. Marshals Service, each of: (1) the civil process clerk at the U.S.
Attorney’s Office for the Southern District of California, (2) the U.S. Attorney General in
Washington, D.C., and (3) the Secretary of the U.S. Department of Veterans Affairs. It
appears from the documents filed on the docket that service has not been effectuated on
Defendant in every manner required by Rule 4(i).
II. 	Order Extending Service Deadline and Directing Further Service of Process
In light of Plaintiff’s pro se status, the Court finds good cause to extend the deadline
for Plaintiff to perfect service. The Court therefore DIRECTS the Clerk of Court to provide
Plaintiff with an “IFP Package,” consisting of three copies of: (1) the Amended Complaint,
(2) the summons, (3) this order, and (4) a blank U.S. Marshals Service Form USM-285.
Upon receipt of the IFP package, the Court directs Plaintiff to complete a separate Form
USM-285 for each of the three required service addresses and provide the necessary
materials to the U.S. Marshals Service according to the instructions provided in the letter
accompanying the IFP package by no later than March 5, 2026.
Upon receipt, the Court directs the U.S. Marshals Service to serve a copy of the
Amended Complaint, summons, and this order upon Defendant as directed by Plaintiff on
each of the three Form USM-285’s, by registered or certified mail. All costs of service are
to be advanced by the United States. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3).
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The time allowed to effectuate service of process is extended as set forth herein.
IT IS SO ORDERED.
Dated: January 6, 2026 	______________________
Hon. Robert S. Huie
United States District Judge
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