Hykes v. Internal Revenue Service

Filing 3

ORDER of Partial Dismissal, Order Substituting Correct Defendant, and Order to Issue and Effect Service of Process. Signed by Judge S. Thomas Anderson on 11/18/11. (Anderson, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

ISAAC LEE HYKES,
Plaintiff,
vs.
TIMOTHY F. GEITHNER,
Defendant.

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No. 11-2720-STA-dkv

ORDER OF PARTIAL DISMISSAL
ORDER SUBSTITUTING CORRECT DEFENDANT
AND
ORDER TO ISSUE AND EFFECT SERVICE OF PROCESS

On August 23, 2011, Plaintiff Isaac Lee Hykes, a resident
of Memphis, Tennessee, filed a pro se complaint pursuant to Title VII
of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (ECF No.
1.) Plaintiff paid the civil filing fee. (ECF No. 2.) The Clerk shall
record the defendant as Timothy F. Geithner, the Secretary of the
Treasury.1
Within thirty (30) days of the date of entry of this order,
either by appearing in person or through the mail, Plaintiff shall
present the Clerk with the required number of properly completed

1
Although the Complaint names the Internal Revenue Service (“IRS”) as
the sole defendant, Title VII suits against an agency of the federal government
must be brought in the name of the head of the agency. 42 U.S.C. § 2000e-16(c). The
IRS is a bureau of the Department of the Treasury.

summonses.2 If the summonses are in proper form, the Clerk shall
sign, seal, and issue them to Plaintiff for service on Defendant.
Plaintiff is responsible for ensuring that service is
effected on Defendant pursuant to Rule 4(i)(2) of the Federal Rules
of Civil Procedure.3 Plaintiff shall file proof of service pursuant
to Fed. R. Civ. P. 4(l).
It is further ORDERED that Plaintiff shall serve a copy of
every document filed in this cause on the attorneys for Defendant.
Plaintiff shall make a certificate of service on every document
filed. Plaintiff shall familiarize himself with the Federal Rules of
Civil Procedure and this Court’s local rules.4
Plaintiff shall promptly notify the Clerk of any change of
address

or

extended

absence.

Failure

to

comply

with

these

requirements, or any other order of the Court, may result in the
dismissal of this case without further notice.

2
Blank, unsigned summons forms can be obtained from the Clerk upon
written request. Any such request should include a copy of this order. Plaintiff
is responsible for properly filling out the summonses and presenting them to the
Clerk for signature and seal. Fed. R. Civ. P. 4(b).
3

Plaintiff also must comply with Rule 4(c)(2), which requires, in part:
“Any person who is at least 18 years old and not a party may serve a summons and
complaint.”
4

A free copy of the Local Rules may be obtained from the Clerk. The
Local
Rules
are
also
available
on
the
Court’s
website
at
www.uscourts.gov/pdf/content/LocalRules.pdf.

2

Plaintiff is advised that the time limit set forth in Fed.
R. Civ. P. 4(m) shall commence running on the date of entry of this
order.
IT IS SO ORDERED this 18th day of November, 2011.

s/ S. Thomas Anderson
S. THOMAS ANDERSON
UNITED STATES DISTRICT JUDGE

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