Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Waddell v. Meyer

United States District Court, E.D. California

January 2, 2020

WAYNE D. WADDELL, Plaintiff,
v.
CONRAD V. MEYER, Acting Director, Army Board for Correction of Military Records, Defendant.

          ORDER RE STATUS OF SERVICE (DOCS. 14, 15, 16)

          SHEILA K. OBERTO UNITED STATES MAGISTRATE JUDGE.

         I. BACKGROUND

         Plaintiff filed this case on June 6, 2019 under 10 U.S.C. § 1552, requesting that the Secretary of the Army correct Plaintiff's military records. (Doc. 2.) Plaintiff alleges he is entitled to an award of the Army Air Medal and requests that Defendant issue him the award. (See Id. at 4-5.)

         The case was set for a scheduling conference on December 12, 2019. (Doc. 7.) Defendant has not yet appeared in the case. (See Docket.) On October 25, 2019, Plaintiff filed proof of service on Defendant. (Doc. 12.) The proof of service indicated that on September 26, 2019, service was attempted on Defendant at 1901 South Bell Street, 2nd Floor, Arlington, Virginia, but was unsuccessful. (Doc. 12.) There was also no indication that the United States Attorney's Office for the Eastern District of California or the Attorney General of the United States were served. See Fed. R. Civ. P. 4(i). Thus, the Court continued the scheduling conference and directed Plaintiff to re-serve Defendant in accordance with Rule 4. (Doc. 13.)

         Plaintiff filed proofs of service on December 12, 2019, and December 19, 2019, and filed a status report on December 19, 2019. (Docs. 14, 15, 16.) The proof of service filed on December 12, 2019, states that Plaintiff himself mailed the summons and complaint to the United States Attorney's Office at 2500 Tulare Street, Suite 4401, Fresno, California. (Doc. 14.) The return of service is signed by Plaintiff. (Id.) The proof of service filed on December 19, 2019, consists of three copies of the same proof of service stating that Plaintiff himself mailed, by certified mail, the summons and complaint to Defendant at 1901 South Bell Street, 2nd Floor, Arlington, Virginia. (Doc. 16.) The proof of service is again signed by Plaintiff. (Id.)

         The status report states that Plaintiff has had difficulty locating Defendant because the final denial letter he received at the agency level did not list an address for Defendant or tell Plaintiff in which court he should file his lawsuit. (Doc. 15 at 2.) The status report also includes certified mail receipts addressed to Defendant at 1901 South Bell Street, 2nd Floor, Arlington, Virginia, “Office of the Clerk” at 2500 Tulare Street, Fresno, California, and the United States Attorney's Office at 2500 Tulare Street, Fresno, California. (Id. at 5-6.)

         II. DISCUSSION

         Plaintiff did not properly effect service for two reasons: (1) Plaintiff did not effect service on the Attorney General of the United States, and (2) Plaintiff personally served Defendant and the United States Attorney's Office and mailed the summons and complaint to them, as opposed to serving them through someone else, such as a legal process server, as required by Rule 4. Thus, the Court will provide Plaintiff with further explanation of the requirements of the Rule and direct Plaintiff to effect service in accordance with Rule 4.

         Under Rule 4 of the Federal Rules of Civil Procedure, when the defendant is an agency, corporation, officer or employee of the United States sued in an official capacity, as in this case, “a party must 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)(2). Regarding service on the United States, Rule 4 provides:

         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;
(B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and
(C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.