Braun v. US Government

Filing 22

ORDER. Braun has until October 10, 2013, to cure his failure to satisfy Fed.R. Civ. P. 4(i)(l)(B) by sending a copy of the summons and complaint byregistered or certified mail to the Attorney General of the United States at Washington, D.C. The Clerk of Court is directed to strike theSeptember 3, 2013, entry of default 20 . Braun's motion for default judgment 21 is DENIED without prejudice. Signed by Jeremiah C. Lynch on 9/3/2013. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
DAVID STEVEN BRAUN,

CV 13-36-BU-DWM-JCL

Plaintiff,
ORDER

vs.
US GOVERNMENT,
Defendant.
This matter is again before the Court upon Plaintiff David Braun's motion
for default judgment. Dkt. 21. But again Braun has not shown that his service on
the Defendant United States of America was sufficient. As previously explained,
service upon the United States must be performed according to the specific
provisions of Federal Rule of Civil Procedure 4(i). This procedural rule is strictly
construed. McNeil v. U.S., 508 U.S. 106, 113 (1993). As the Court previously
explained, among other requirements, Rule 4(i) provides that a party serving the
United States must personally serve the United States Attorney and "(B) send a
copy ... by registered or certified mail to the Attorney General of the United
States at Washington, D.C." Fed. R. Civ. P. 4(i)(l)(B) (emphasis added). Braun
has not established that he sent a copy of the summons and complaint to the
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Attorney General by way of registered or certified mail.
On July 8, 2013, Braun filed a document advising the Court, among other
things, that he believed he had properly provided a copy of the summons and
complaint to the Attorney General. Dkt. 12. He also attached a receipt from the
United States Postal Service which indicated that he sent a copy of the summons
and complaint to the Attorney General by "Express Mail" - but not certified or
registered mail. Dkt. 12, at 4. While Braun appears to have attempted, in good
faith, to satisfy the requirement of Fed. R. Civ. P. 4(i)(l )(B), he has not effected
proper service. While it may be that the difference between certified/registered
mail and express mail may be hyper-technical, the Court has no option but to
strictly construe Fed. R. Civ. P: 4(i) and require Braun to use registered or certified
mail to send a copy of the summons and complaint to the Attorney General of the
United States at Washington, D.C.
Because it appears the United States Attorney has been properly served in
this matter, the Court deems it appropriate, under authority of Fed. R. Civ. P.
4(i)(4)(A), to give Braun until October 10, 2013, to cure his failure to satisfy Fed.
R. Civ. P. 4(i)(l)(B) by sending a copy of the summons and complaint by
registered or certified mail to the Attorney General of the United States at
Washington, D.C.
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IT IS SO ORDERED.
IT IS FURTHER ORDERED that the Clerk of Court is directed to strike the
September 3, 2013, entry of default (Dkt. 20). Finally,
IT IS ORDERED that Braun's motion for default judgment (Dkt. 21) is
DENIED without prejudice.
DATED this 3rd day of September, 2013.

emiah C. Lynch
nited States Magistrate Judge

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