Kea v. Donahoe et al

Filing 12

ORDER DIRECTING PLAINTIFF TO PROPERLY SERVE DEFENDANTS AND STRIKING 8 Certificate of Service/Summons Returned Executed, 7 Certificate of Service/Summons Returned Executed, 9 Certificate of Service/Summons Returned Executed. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
David C. Kea,
Plaintiff,
v.

Case No. 13-12991

Patrick R. Donahoe, et al.,

Sean F. Cox
United States District Court Judge

Defendants.
_________________________________/
ORDER STRIKING CERTIFICATES OF SERVICE
AND DIRECTING PLAINTIFF TO PROPERLY SERVE DEFENDANTS
Acting pro se, Plaintiff David C. Kea filed this action on July 11, 2013, asserting claims
against the following Defendants: 1) Patrick R. Donahoe, U.S Postmaster General; 2) Bruce
Plumb; and 3) Gary S. Robinson. Plaintiff’s Complaint states that Plumb and Robinson are
managers/supervisors at the United States Postal Service. The complaint does not indicate
whether Plumb and Robinson are sued in their individual or official capacities, or both.
On August 14, 2013, Plaintiff filed certificates of service (Docket Entry Nos. 7, 8 & 9)
that assert that “all parties have been served” and stating that: 1) the United States Postal Service
was served by certified mail; 2) Robinson was served by certified mail; and 3) Plumb was served
personally and by certified mail.
Rule 4 of the Federal Rules of Civil Procedure governs service and provides, in
subsection (i), how to serve the United States, it agencies, officers, and employees. Fed. R. Civ.
P. 4(i). That rule provides, in pertinent part:
(1) United States. To serve the United States, a party must:
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(A)(i)

deliver a copy of the summons and of the complaint to the United
States attorney for the district where the action is brought – or to
an assistant United States attorney or clerical employee whom the
United States attorney designates in a writing filed with the court
clerk – or
(ii)
send a copy by registered or certified mail to the civil-process
clerk at the United States attorney’s office.
(B) send a copy of each by registered or certified mail to the Attorney General
of the United States at Washington, D.C.; and
(C) if the action challenges an order of a non-party agency or officer of the
United States, send a copy of each by registered or certified mail to the
agency or officer.
(2) Agency; Corporation; Officer or Employee Sued in an Official Capacity.
To serve a United States agency or corporation, or a United States officer or
employee sued only in an official capacity, a party must serve the United States
and also send a copy of the summons and of the complaint by registered or
certified mail to the agency, corporation, officer, or employee.
(3) Officer or Employee Sued Individually. To serve a United States officer or
employee sued in an individual capacity for an act or omission occurring in
connection with duties performed on the United States’ behalf (whether or not the
officer or employee is also sued in an official capacity), a party must serve the
United States and also serve the officer or employee under Rule 4(e), (f), or (g).
Fed. R. Civ. P. 4(i). Rule 4(i) further provides that the “court must allow a party a reasonable
time to cure” it failure to properly serve the United States, or its officers or employees. Fed. R.
Civ. P. 4(i)(4).
The Court hereby STRIKES the certificates of service filed by Plaintiff (Docket Entry
Nos. 7, 8, & 9) because none of the named Defendants in this action have been properly served.
IT IS FURTHER ORDERED that Plaintiff is DIRECTED that he must properly serve
Defendants, as provided under Fed. R. Civ. P. 4(i), no later than December 5, 2013, and file
appropriate certificates of service with the Court. Plaintiff is cautioned that if he fails to
properly serve Defendants by that date, this action may be dismissed for failure to effect

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timely service.
IT IS SO ORDERED.

Dated: November 5, 2013

S/ Sean F. Cox
Sean F. Cox
U. S. District Court Judge

I hereby certify that on November 5, 2013, the foregoing document was served upon counsel of
record by electronic means and upon David C. Kea and Gary S. Robinson by First Class Mail at
the address below:
David C Kea
9105 Grayfield Street
Redford, MI 48239
Gary S Robinson
2920 Maidstone
Trenton, MI 48183
Dated: November 5, 2013

S/ J. McCoy
Case Manager

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