Al Azzawi v. Department of the Army et al

Filing 15

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/28/15: The findings and recommendations 13 are vacated. Plaintiff is granted an extension of time to November 18, 2015 to properly serve summons. The Clerk of Court is directed to serve a courtesy copy of this order on Assistant United States Attorney Chi Soo Kim. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAMEEDH AL AZZAWI,

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Plaintiff,

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v.

No. 2:15-cv-1138 GEB CKD PS

ORDER

DEPARTMENT OF THE ARMY, et al.,
Defendants.

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In this action, plaintiff is proceeding in propria persona. Because plaintiff had not

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properly completed service of summons in this action, plaintiff was ordered to serve defendants in

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compliance with Federal Rule of Civil Procedure 4(i)(1)(A) (service of summons and complaint

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on the United States Attorney for the district where the action is brought required under Rule 4).

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Plaintiff was granted several extensions of time to complete said service and was specifically

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advised that plaintiff had not completed proper service in that the instant action has been brought

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in the Eastern District of California and the docket did not reflect that the United States Attorney

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for this District had been properly served with summons and the complaint. On October 19,

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2015, because plaintiff had still failed to effectuate proper service, the court recommended that

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the action be dismissed without prejudice.

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Plaintiff has now filed objections to the findings and recommendations. Plaintiff explains
that he misunderstood what was required because he thought that the U.S. Attorney for the
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Eastern District of California is served by the court and not the plaintiff. Plaintiff is advised that,

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contrary to his belief, the “Government attorney” is not a “part of the court.” Service of summons

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must be made in accordance with Federal Rule of Civil Procedure 4(i)(1)(A). The court cannot

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serve summons for plaintiff.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 13) are vacated; and

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2. Plaintiff is granted an extension of time to November 18, 2015 to properly serve

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summons in this action and to file proof of service of said summons.
3. The Clerk of Court is directed to serve a courtesy copy of this order on Chi Soo Kim,|

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Assistant United States Attorney, Eastern District of California, 501 I Street, Suite 10-100,

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Sacramento, CA 95814.

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Dated: October 28, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 azzawi1138.eot.vac

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