Oluku v. Jaddou et al

Filing 10

ORDER. Signed by Judge Vince Chhabria on 11/25/2024. (vclc2, COURT STAFF) (Filed on 11/25/2024)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ELI OLUKU,

Case No. 24-cv-04572-VC
Plaintiff,
ORDER

v.
UR M. JADDOU, et al.,
Defendants.

A plaintiff has 90 days after the complaint is filed to serve each defendant. Fed. R. Civ. P.
4(m). Here, it is unclear whether Oluku has properly served any defendant during that 90-day
period. First, there is no indication that the United States was properly served on behalf of any
defendant because the mailing slip shows that the mailing was completed to a different suite
number than the proper suite for the U.S. Attorney. Second, for each defendant, Oluku needs to
serve the United States, Fed. R. Civ. P. 4(i)(2), and indicate that he is doing so on behalf of a
specific named defendant on item 3 of the Proof of Service of Summons. He then needs to mail a
copy of the summons and the complaint to that specific named defendant. Fed. R. Civ. P. 4(i)(2).
When a party has served the Attorney General of the United States, as Oluku has, courts
must give that party a reasonable time to cure their failure to serve the United States under Rule
4(i)(2). Fed. R. Civ. P. 4(i)(4)(A). Oluku therefore has twenty-eight days from the date of this
order to properly serve all defendants.
IT IS SO ORDERED.
Dated: November 25, 2024
______________________________________
VINCE CHHABRIA
United States District Judge