WADE v. KERNER
| E.K. WADE |
| HENRY J. KERNER |
| 1:2021cv02396 |
| September 6, 2021 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 CERTIFICATE OF SERVICE by HENRY J. KERNER re #8 Notice (Other), #9 Notice of Appearance . (Johnson, Stephanie) |
| Filing 9 NOTICE of Appearance by Stephanie R. Johnson on behalf of HENRY J. KERNER (Johnson, Stephanie) |
| Filing 8 NOTICE OF WESTFALL CERTIFICATION by HENRY J. KERNER (Johnson, Stephanie) |
| Filing 7 MOTION for Leave to File a Second Amended Complaint by E.K. WADE. (Leave to File GRANTED. Under Fed. R. Civ. P. 15(a), a plaintiff may amend as a matter of course only once, and can amend thereafter only with consent of the defendant or leave of the Court. Because the plaintiff is pro se, the Court will construe this Second Amended Complaint as a motion for leave to file a Second Amended Complaint" Signed by Judge Dabney L. Friedrich. (eg) |
| Filing 6 AFFIDAVIT of Mailing re #1 Complaint by E.K. WADE. (eg) |
MINUTE ORDER. Before this Court is the plaintiff's #3 Return of Service and Affidavit of Summons and Complaint Executed, filed on September 22, 2021. This does not meet the requirements of Fed. R. Civ. P. 4, which requires proof that service was effectuated, and an affidavit of mailing does not suffice to prove receipt by a person capable of accepting service on behalf of the defendants. See Alawa v. United States, No. 06-cv-0130-RBW, 2009 WL 10737132, at *2 (D.D.C. Nov. 30, 2009) (requiring "the names of the person who purportedly accepted service on behalf of the government"); see also Duru v. Dept of Justice, No. 17-cv-1005-CKK, 2017 WL 6541266, at *1 (D.D.C. Sep. 6, 2017) (explaining that an indication of mailing was insufficient). Accordingly, the plaintiff is directed to effect service upon the defendants and file proof of service compliant with the requirements of Fed. R. Civ. P. 4 on the docket on or before November 15, 2021, or show good cause for his failure to do so. Failure to comply with this order will result in dismissal of this case under Fed. R. Civ. P. 12(b)(5). The Clerk of Court is directed to mail a copy of this Minute Order to the plaintiff's address of record. So Ordered by Judge Dabney L. Friedrich on October 14, 2021. (lcdlf3)
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| Filing 5 AMENDED COMPLAINT against HENRY J. KERNER with Jury Demand filed by E.K. WADE.(eg) |
| Filing 4 Consent to Proceed before US Magistrate Judge for All Purposes by E.K. WADE.. (eg) |
| Filing 3 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HENRY J. KERNER served on 9/18/2021 (eg) |
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Filing 2
STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on September 15, 2021. (lcdlf3)
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| Filing 1 COMPLAINT against HENRY J. KERNER ( Filing fee $ 402, receipt number 200546) with Jury Demand filed by E.K. WADE. (Attachment: #1 Civil Cover Sheet)(eg) |
| Summons (1) Issued as to HENRY J. KERNER. (eg) |
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| Plaintiff: E.K. WADE | |
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| Defendant: HENRY J. KERNER | |
| Represented By: | Stephanie R. Johnson |
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