Carlson v. United States Department of Energy

Filing 24

ORDER EXTENDING DEADLINES AND ORDERING SERVICE re 22 Defendant's Motion to Dismiss and 23 Memorandum in Support by Magistrate Judge Gregory J. Fouratt. Defendant shall effectuate PROPER service of these documents by close of business on April 23, 2018. Plaintiff's response is due by 5/11/2018. (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
ROLF ERIK CARLSON,
Plaintiff,
v.

Civ. No. 17-784 RB/GJF

UNITED STATES DEPARTMENT
OF ENERGY,
Defendant.

ORDER EXTENDING DEADLINES
THIS MATTER comes before the Court sua sponte. On April 2, 2018, Defendant filed
its “Motion to Dismiss” (“Motion”) [ECF No. 22] along with its “Memorandum in Support of
[its] Motion to Dismiss” (“Memorandum”) [ECF No. 23]. In both documents, Defendant states
that Plaintiff was served electronically through the Case Management/Electronic Case Filing
(“CM/ECF”) system. ECF No. 22 at 2; ECF No. 23 at 12.
By serving Defendant through CM/ECF only, Defendant has improperly served Plaintiff.
On August 9, 2017, Plaintiff completed the “CM/ECF Pro Se Notification Form” provided by the
Clerk of the Court, and therein elected to receive notification via postal mail. ECF No. 5. Thus,
service by CM/ECF upon is Plaintiff is improper.
To remedy this deficiency, the Court HEREBY ORDERS Defendant to serve upon
Plaintiff, by U.S. Postal Service certified mail, a copy of this Order and Defendant’s Motion and
Memorandum [ECF Nos. 22, 23] no later than close of business on April 23, 2018.
Plaintiff shall have until May 11, 2018, to file his response, and Defendant, should it
choose to do so, may file a reply no later than May 25, 2018.

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IT IS SO ORDERED.

____________ _____________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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