GUARASCIO v. UNITED STATES OF AMERICA et al
| JOSEPH MICHAEL GUARASCIO |
| RJN, JEFFREY ROSEN, JOHN DOES, WILSON, MTN, NC SBI, WHITE, NEW HANOVER COUNTY SHERIFF'S OFFICE, CHRISTOPHER WRAY, NATHAN GRAY, FEDERAL BUREAU OF INVESTIGATION, KB, UNITED STATES DEPARTMENT OF JUSTICE, OWEN HARRIS and UNITED STATES OF AMERICA |
| 1:2021cv00746 |
| March 18, 2021 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Prisoner Petition: Civil Rights (Other) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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MINUTE ORDER: Federal Rule of Civil Procedure 4(m) requires Plaintiff to serve Defendants "within 90 days after the complaint is filed." Fed. R. Civ. P. 4(m). That time began to run on March 18, 2021, and will expire on June 16, 2021. Plaintiff has named as Defendants the United States, U.S. agencies, and U.S. officers. In such cases, Federal Rule of Civil Procedure 4(i) governs service. To serve the United States, Rule 4(i)(1) requires plaintiff to "(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 certified mail to the agency or officer." Rule 4(i)(2) requires that "[t]o serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States [in accordance with Rule 4(i)(1)] 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). Plaintiff has also sued a state agency and state officials, and the Court accordingly directs Plaintiff's attention to Rule 4(e) (Serving an Individual Within a Judicial District of the United States) and 4(j) (Serving a Foreign, State, or Local Government). Finally, Rule 4(l) directs that "[u]nless service is waived, proof of service must be made to the court." Fed. R. Civ. P. 4(l). At present, the docket does not appear to reflect proper service on any Defendant. Accordingly, it is hereby ORDERED that Plaintiff shall serve and file proof of service on the Defendants, or request an extension and demonstrate good cause, no later than June 16, 2021. If Plaintiff fails to do so, the Court may dismiss the action without prejudice. Fed. R. Civ. P. 4(m). Signed by Judge Timothy J. Kelly on 5/14/2021. (lctjk1)
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| Filing 4 ERRATA by JOSEPH MICHAEL GUARASCIO re #3 Notice of Change of Address filed by JOSEPH MICHAEL GUARASCIO. (ztth) |
| Filing 3 NOTICE of Change of Address by JOSEPH MICHAEL GUARASCIO. (ztth) |
| Filing fee received: $350.00, receipt number: 4616105302. (ztth) |
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Filing 2
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 3/24/2021. (lctjk1)
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| Summons (10) Issued as to FEDERAL BUREAU OF INVESTIGATION, NATHAN GRAY, OWEN HARRIS, NC SBI, (2) NEW HANOVER COUNTY SHERIFF'S OFFICE, JEFFREY ROSEN, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, CHRISTOPHER WRAY. (ztth) |
| Filing 1 COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, JEFFREY ROSEN, CHRISTOPHER WRAY, NATHAN GRAY, OWEN HARRIS, NC SBI, NEW HANOVER COUNTY SHERIFF'S OFFICE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, with Jury Demand filed by JOSEPH MICHAEL GUARASCIO. (Attachment: #1 Civil Cover Sheet) (ztth); Modified text on 3/23/2021 (ztth). (Additional attachment(s) added on 3/24/2021: #2 Exhibit Attachment) (ztth). |
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