THOMPSON v. PARK POLICE ENFORCEMENT et al
| SHIRLEY R THOMPSON |
| PARK POLICE ENFORCEMENT, OFFICER POWELL, OFFICER POLES and OFFICER SANTOS |
| 1:2024cv00185 |
| January 22, 2024 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
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MINUTE ORDER. This action was removed from D.C. Superior Court on January 22, 2024. According to the defendants' #5 Notice of Non-Service, at the time of removal, the plaintiff (who is appearing pro se) had not served "the Federal Government." Notice of Non-Service at 1, Dkt. 5. Under 28 U.S.C. 1448, "[i]n all cases removed from any State court to any district court of the United States in which any one or more of the defendants has not been served with process or in which the service has not been perfected prior to removal . . . such process or service may be completed or new process issued in the same manner as in cases originally filed in such district court." Under Rule 81(c)(1) of the Federal Rules of Civil Procedure, a removed civil action is subject to the Federal Rules, including the service-of-process requirements of Rule 4. See Fed. R. Civ. P. 81(c)(1). Rule 4(m) requires that a plaintiff serve a defendant "within 90 days after the complaint is filed." Fed. R. Civ. P. 4(m). "[T]he D.C. circuit has yet to decide," however, whether "the time to effect service specified in Federal Rule of Civil Procedure 4(m)" begins to run from the date of removal to district court or the date the action was filed in state court. Workman v. Bissessar, 275 F. Supp. 3d 263, 269 (D.D.C. 2017). But "a leading commentator and a number of courts of appeals" and judges in this district "agree that, when considered together, 1448 and Rule 81(c)(1) mean that the time to effect service specified in [Rule] 4(m) starts to run upon removal to the federal district court, not the date the action was originated in state court." Id. (cleaned up); see, e.g., Mohammed v. Cooper, No. 23-cv-1475, 2023 WL 4547995, at *2 n.1 (D.D.C. July 14, 2023). The Court finds these authorities persuasive, and its view is informed (at least at this juncture) by the D.C. Circuit's admonition that "[p]ro se litigants are allowed more latitude than litigants represented by counsel to correct defects in service of process and pleadings." Angellino v. Royal Family Al-Saud, 688 F.3d 771, 778 (D.C. Cir. 2012). The defendants argue that the plaintiff has failed to serve the U.S. Attorney's Office in compliance with Rule 4. See Notice of Non-Service at 4. They request the Court issue an order "afford[ing] Plaintiff a 30-day period to effect service or face dismissal of this suit." Id. The Court disagrees. The 90-day clock runs from the date of removal to the district courti.e., January 22, 2024. To avoid the finality of a mandatory dismissal of this action against the defendants, the plaintiff must, on or before April 21, 2024, either cause process to be served upon the defendants and proof of service to be filed with the Court or establish good cause for the failure to do so. The failure to make such filings will result in dismissal of this case. The Clerk of Court is directed to mail a copy of this Order to the plaintiff's address of record. So Ordered by Judge Dabney L. Friedrich on February 2, 2024. (lcdlf2)
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| Filing 5 NOTICE OF NON SERVICE by OFFICER POLES, OFFICER POWELL, OFFICER SANTOS, PARK POLICE ENFORCEMENT (McBride, Patricia) |
| Filing 4 Receipt on 1/29/2024 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number 2023-CAB-006695. (znmw) |
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Filing 3
STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on January 24, 2024. (lcdlf2)
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| Filing 2 NOTICE to Counsel/Party re #1 Notice of Removal, (Attachments: #1 Notice and Consent)(zrtw) |
| Case Assigned to Judge Dabney L. Friedrich. (zrtw) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the District of Columbia, case number 2023-CAB-006695 (Fee Status:Filing Fee Waived) filed by OFFICER POLES, OFFICER POWELL, PARK POLICE ENFORCEMENT, OFFICER SANTOS. (Attachments: #1 Superior Court Documents Complaint, #2 Civil Cover Sheet)(McBride, Patricia) |
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