United States of America v. Clark

Filing 5

ORDER granting 4 Motion for Alternate Service. Signed by District Judge Robert H Cleland. (LWag)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN United States of America, Plaintiff -vJoyce V. Clark, Defendant ________________________________________________________________

Case No. 09-14953 Hon. Robert H. Cleland

ORDER PERMITTING SERVICE OF PROCESS BY SUBSTITUTED MEANS ________________________________________________________________ The plaintiff has filed a petition for an order permitting substituted service of process and an affidavit by a process server reciting the unsuccessful attempts at service of the summons and compliant. The court finds that service of process cannot reasonably be made in a manner set forth under Michigan law, and that the substitute means requested reasonably are calculated to give the defendant actual notice of the proceedings and an opportunity to be heard. See Fed. R. Civ. P. 4(e)(1); Mich. Ct. R. 2.105(I)(1). Accordingly, it is ORDERED that the plaintiff's petition for order permitting substitute service of process [dkt # 3] is GRANTED. It is ORDERED that the plaintiff may serve the defendant, Joyce V. Clark, with the summons and a copy of the complaint by:

(A) Posting a copy thereof, along with a copy of this petition and order for substituted service of process, at the defendant's residence at: 1231 W. State Fair, Apt. 403w, Highland Park, Michigan 48203; (B) Mailing a copy of the same by certified mail (return receipt requested) to the defendant's residence noted above; and (C) Mailing a copy of the same by first class mail to the defendant's residence noted above The plaintiff shall file a certificate confirming service as provided herein within thirty (30) days of the date of this order.

S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: April 22, 2010 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, April 22, 2010, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk [phone]