Collier v. DeJoy et al

Filing 16

ORDER -Plaintiff is directed to effect proper service on Defendants of both the summons and complaint within 30 days of this Order. Signed by Chief Judge Timothy D. DeGiusti on 3/12/2025. (jee)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
CORETTA COLLIER,

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Plaintiff,
v.
LOUIS DeJOY; and VICTORIA POLITO,
Defendants.

Case No. CIV-24-1224-D

ORDER
The Court is in receipt of correspondence from Plaintiff [Doc. No. 15], in which she
outlines her attempts to serve Defendants in this matter. Upon review of the purported
proofs of service [Doc. No. 8], the Court finds that Plaintiff has not effected service on
either Defendant. Pursuant to Rule 4 of the Federal Rules of Civil Procedure, a party to
litigation may not act as the service agent. FED. R. CIV. P. 4(c)(2) (“Any person who is at
least 18 years old and not a party may serve a summons and complaint.”). Rule 4(c)(2)
applies even in instances where service is attempted via certified mail. See Constien v.
United States, 628 F.3d 1207, 1213 (10th Cir. 2010) (“Even when service is effected by use
of the mail, only a nonparty can place the summons and complaint in the mail.”). Further,
it appears that Plaintiff’s attempted service copies were incomplete and missing certain
exhibits attached to Plaintiff’s complaint.
IT IS THEREFORE ORDERED that Plaintiff is directed to effect proper service
on Defendants of both the summons and complaint within 30 days of this Order. Plaintiff
is encouraged to review Rule 4 of the Federal Rules of Civil Procedure, and particularly
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Rule 4(i) for serving the United States and its agencies, corporations, officers, or
employees, in order to ensure effective service. If service has not been effected in
accordance with Rule 4 within 30 days of this Order, this action may be dismissed without
prejudice.
IT IS SO ORDERED this 12th day of March, 2025.

. DeGIUSTI
Chief United States District Judge

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