Jackson v. Dejoy

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:22-CV-021-RJC-DCK
THIS MATTER IS BEFORE THE COURT on pro se Plaintiff’s letter or “Motion For
Service Of Process” (Document No. 11) filed September 16, 2022. This motion has been referred
to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is
appropriate. Having carefully considered the motion and the record, the undersigned will deny the
motion.
Pro se Plaintiff has submitted a letter to the Court, that is construed as a “Motion For
Service Of Process.” (Document No. 11). In the letter, Plaintiff requests that his Summons be
served by the U.S. Marshal. Id. Plaintiff suggests that such service is available and appropriate
under Fed.R.Civ.P. 4.1. Id.
The undersigned respectfully reminds Plaintiff that the Court has directed service pursuant
to Fed.R.Civ.P. 4(i), not 4.1.1 (Document No. 7). The Honorable Robert J. Conrad, Jr. specifically
stated:
A plaintiff must serve the United States when he brings an action
against an officer or employee of the United States. Fed. R. Civ. P.
4(i)(2)-(3). Under Rule 4(i) of the Federal Rules of Civil Procedure,
to serve the United States a plaintiff must serve the summons and
1 Fed.R.Civ.P. 4.1 states that is for “[p]rocess – other than a summons under Rule 4.”
ANDRE R. JACKSON, JR., )
)
Plaintiff, )
)
v. ) ORDER
)
LOUIS DEJOY,
Postmaster General,
)
)
)
Defendant. )
)
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complaint on the United States attorney’s office in the district
where the action is brought or by registered or certified mail to the
civil-process clerk and the Attorney General of the United States.
Fed. R. Civ. P. 4(i)(1)-(2).
(Document No. 7, p. 2) (emphasis added). See also (Document No. 10) (“Plaintiff is respectfully
advised to review the requirements of Fed.R.Civ.P. 4, including 4(i).”).
IT IS, THEREFORE, ORDERED that Plaintiff’s letter or “Motion For Service Of
Process” (Document No. 11) is DENIED.
SO ORDERED.
Signed: September 19, 2022
Case 3:22-cv-00021-MEO-DCK Document 12 Filed 09/19/22 Page 2 of 2