Larde v. USA
ORDER, re 17 MOTION to Dismiss For Lack of Proper Service filed by USA, directing Plaintiff to respond to this pending motion, & provide proof that he has completed service upon the U.S. Attorney in Little Rock & the Attorney General of the U.S. in Washington, D.C., on or before 6/15/11. Failure to complete service or respond to the Court's Order may result in dismissal without prejudice of Plaintiff's complaint. Signed by Judge James M. Moody on 5/25/2011. (jct)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
CASE NO. 3:10CV00212 JMM
UNITED STATES OF AMERICA
On September 7, 2010, Plaintiff filed his Complaint against the United States of America
alleging medical malpractice against the Department of Veterans Affairs for the care and treatment he
received at the Veterans Affairs Medical Center in Memphis, Tennessee.
Plaintiff has failed to properly serve the United States as required by the Federal Rules of Civil
Procedure. Under Rule 4(i), Plaintiff must served the United States Attorney in Little Rock with a copy
of both the summons and complaint and must served a copy of both the summons and complaint to the
Attorney General of the United States in Washington, D.C. See Fed. R. Civ. P. 4(i)(A) (emphasis added).
Plaintiff has only served the United States Attorney in Little Rock with a copy of the summons.
There is a pending Motion to Dismiss based upon this failure to complete service in a timely
manner. Plaintiff is directed to respond to this pending motion and provide proof that he has completed
service upon the United States Attorney in Little Rock and the Attorney General of the United States in
Washington, D.C. on or before June 15, 2011. Failure to complete service or respond to the Court’s
Order may result in dismissal without prejudice of Plaintiff’s complaint.
IT IS SO ORDERED THIS 25
May , 2011.
James M. Moody
United States District Judge
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