Menane v. Bah
Filing
5
Order re: 4 Response to Order filed by Sidi Mohamed Menane. Menane is ORDERED to show proof of service on or before 3/13/2025, as set out. Copy to Plaintiff. Signed by District Judge Kristi K. DuBose on 1/27/2025. (meh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SIDI MOHAMED MENANE,
Plaintiff,
v.
ELIMAN BAH,
Defendant.
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) Civil Action No. 1:24-00399-KD-N
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)
ORDER
This action is before the Court on Plaintiff Sidi Mohamed Menane’s (“Menane”) response,
(Doc. 4), to the Court’s order to file “a notice describing the action taken by Plaintiff to complete
service and the results of those efforts.” (Doc. 3). For the reasons below, Menane is ordered to
file proof of service on or before March 13, 2025.
I.
Background
On October 25, 2024, Menane filed a complaint against Defendant Eliman Bah (“Bah”).
(Doc. 1). Menane is proceeding pro se (i.e., by oneself and without an attorney). Generally, the
complaint alleges that Bah’s “criminal activities and breach of business commitment” made it
necessary to litigate. (Id. at 5). The complaint alleges diversity jurisdiction. (Id. at 3). Menane lists
the citizenship of Menane as Mauritania and the citizenship of Bah as Maryland. (Id. at 3). Menane
alleges that the amount in controversy is around $184,800.00 (Id. at 4).
On October 28, 2024, the Court issued a service order advising Menane of the procedures
for service of process that apply in this District—including S.D. Ala. CivLR 4(a)(3). (Doc. 2).
By December 19, 2024 (more than forty-five days after the complaint was filed), Menane
had not indicated that he served or attempted to serve Bah. That day, Court issued an order pursuant
to the Court’s Civil Local Rule 4(a)(3) regarding service. The order explained the rule: If a Plaintiff
fails to complete service by summons or receive a waiver of service within forty-five days of filing
the complaint, the “Plaintiff shall file a notice describing the action taken by Plaintiff to complete
service and the results of those efforts.” (Doc. 3) (quoting S.D. Ala. CivLR 4(a)(3)). The Court
ordered Menane to comply with this rule on or before December 30, 2024. (Doc. 3).
On December 30, 2024, Menane filed a response to the order. (Doc. 4). Menane’s response
states: “I hereby confirm notice of service of the complaint of the court documents to the defendant
via email. Please find attached the email and the document served to the defendant.” (Id.). Attached
to the filing is a screenshot of what appears to be the sent folder of an email account, the complaint,
and the Court’s service order. (Doc. 4-1). It appears that accounts titled “eliman” and “eliman101”
were emailed twice on November 11. (Id. at 1). The screenshot shows that there was no subject
attributed to those emails, but each email had a PDF attachment. The email to “eliman” included
File 1 and the email to “eliman101” included File 2. (Id. at 1). File 1 was also sent to the account
titled “dfloyd” and File 2 was sent to the account titled dfloyd@clar. (Id.). Menane’s attachment
to his response does not show the contents of those PDF files, but Menane’s response says that the
attached documents (the complaint and the Court’s service order) were “served to the defendant.”
(Doc. 4).
II.
Law
Defendants can be served in compliance with either the federal rules or the state law in the
state where the district court is located or where service is made. See Fed. R. Civ. P. 4(e)(1). Under
the federal rules, an individual—other than a minor, an incompetent person, or a person whose
waiver has been filed—may be served in a judicial district of the United States: (A) by delivering
a copy of the summons and complaint to the individual personally; (B) by leaving a copy of each
at the individual’s dwelling or usual place of abode with someone of suitable age and discretion
who resides there; or (C) by delivering a copy of each to an authorized agent. Fed. R. Civ. P.
4(e)(2)(A–C). The Alabama Rules of Civil Procedure provide for the same methods of service of
process upon an individual as the federal rules. Ala. R. Civ. P. 4(c)(1). In addition, Alabama Rule
of Civil Procedure 4(i)(2) permits service of process by certified mail when certain conditions are
met. Ala. R. Civ. P. 4(i)(2). The Maryland Rules of Civil Procedure allow service of process of an
individual by personal delivery, by leaving a copy at the individual’s dwelling with a resident of
suitable age and discretion, or by certified mail. Md. Rules 2-121.
The plaintiff has 90 days after filing the complaint to serve process upon the defendant.
Fed. R. Civ. P. 4(m). If the plaintiff fails to meet this deadline, the court may either extend the
deadline for service or dismiss the suit without prejudice. Id.; see also Horenkamp v. Van Winkle
And Co., 402 F.3d 1129, 1132 (11th Cir. 2005) (“Rule 4(m) grants discretion to the district court
to extend the time for service of process even in the absence of a showing of good cause.”). “Unless
service is waived, proof of service must be made to the court” and absent service by the U.S.
Marshal or a deputy marshal, “proof must be by the server’s affidavit.” Fed. R. Civ. P. 4(l)(1).
Under Alabama law, the completion and filing of a return of service constitutes prima facie
evidence of that service. Hooie v. Barksdale, 93 So. 3d 942, 945 (Ala. Civ. App. 2012).
III.
Analysis
For proper service, Menane may choose from the three federal methods of service listed in
Federal Rule of Civil Procedure Rule 4(e)(2). Menane may also choose from the methods listed in
the state where the forum district court is located (Alabama) and the state where service is made
(presumably Maryland). The issue for Menane is that neither the federal rules nor the Alabama
rules nor the Maryland rules provide for service of process of an individual by email. Thus, Menane
cannot properly serve Bah via email, and Menane has not shown the Court that Bah has been
properly served.
The 90-day deadline for Menane to serve Bah has passed. Therefore, the Court may dismiss
this action without prejudice. However, the Court has the discretion to extend the time for service
of process. Menane is given a 45-day extension for service. Menane is reminded that service must
be proper under the federal rules, the Alabama rules, or the rules in the state in which service is
made. Moreover, “[u]nless service is waived, proof of service must be made to the court” and
absent service by the U.S. Marshal or a deputy marshal, “proof must be by the server’s affidavit.”
Fed. R. Civ. P. 4(l)(1).
Accordingly, Menane is ORDERED to show proof of service on or before March 13,
2025. Menane is advised that failure to comply with this order will result in the dismissal of this
action without prejudice.
DONE and ORDERED this 27th day of January 2025.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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