Tucker v. Karol

Filing 10

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall modify docket number six to show that summons was returned unexecuted. IT IS FURTHER ORDERED that the Clerk shall issue process on the complaint. The Clerk shall notify the Marshals Office that the first attempt at service did not comply with Rule 4(e), and the Clerk shall direct the Marshals Office to serve defendant in accordance with the Rule. Signed by District Judge Stephen N. Limbaugh, Jr on 3/25/2015. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
NORMAN TUCKER,
Plaintiff,
v.
PATRICIA KAROL,
Defendant,

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No. 1:15CV17 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on its own motion. The docket sheet reflects that
defendant was served with process on March 11, 2015. However, the United States
Marshals Office did not serve process in accordance with Rule 4(e) of the Federal Rules
of Civil Procedure. Specifically, the Marshals Office served defendant via certified mail,
which is not allowed under Rule 4(e). And the person who signed the mail receipt was
not defendant. Therefore, the Court will direct the Clerk to modify docket number six to
show that summons was returned unexecuted, and the Court will order the Marshals
Office to reserve defendant in accordance with the Federal Rules of Civil Procedure.
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall modify docket number six to
show that summons was returned unexecuted.
IT IS FURTHER ORDERED that the Clerk shall issue process on the complaint.
The Clerk shall notify the Marshals Office that the first attempt at service did not comply

with Rule 4(e), and the Clerk shall direct the Marshals Office to serve defendant in
accordance with the Rule.
Dated this 25th Day of March, 2015.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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