Tagore v. UNITED STATES OF AMERICA

Filing 345

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Tagore v. UNITED STATES OF AMERICA Doc. 345 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS UNITED STATES OF AMERICA, Plaintiff versus ISAIAH AUGUSTUS, Defendant. § § § § § § § § § § CIVIL ACTION H-05-4015 (Claim: C99-07104) Plaintiff's Motion for Substituted Service To the Honorable Lynn N. Hughes: United States of America ("USA") moves for substituted service. USA has attempted to serve Isaiah Augustus ("Augustus") at 7659 Winkle Wood Lane, Houston, Texas 77086 which is Augustus's usual place of abode. Attached as Exhibit "1" is Rule 106 Affidavit executed by R. Wayne Bruce, of C-Mack Services, in Houston, Texas. This Affidavit shows the results of the attempted service. USA would show that it is impractical to secure personal service on Augustus and that due search, diligent inquiry and effort have been made to secure personal service. USA requests that the Court allow service by leaving a copy of the summons along with a copy of the complaint attached at Augustus's usual place of abode by attaching a copy of the summons and complaint securely to the front door of Augustus's usual place of abode, or by leaving it with someone 21 years of age or older, and by mailing it regular mail to debtor, or in any other manner which will be reasonably effective to give Augustus notice of the suit. The attempt to leave the documents at Augustus's usual place of abode by leaving Dockets.Justia.com a copy of the summons along with a copy of the complaint attached at Augustus's usual place of abode by attaching a copy of the summons and complaint securely to the front door of Augustus's usual place of abode, or by leaving it with someone 21 years of age or older, and by mailing regular mail to debtor, or in any other manner which will be reasonably effective to give Augustus notice of the suit, would comply with Rule 106 of the Texas Rules of Civil Procedure and is also allowed under the Federal Rules which allow service on a defendant if the means of service are consistent with the law of the state in which service is attempted. See Rule 4(e)(1) Fed. R. Civ. P. USA requests this Motion for Substituted Service be granted and that the Court direct service on Augustus by leaving a copy of the summons with a copy of the complaint attached at Augustus's usual place of abode securely posted to the front door, or by leaving it with someone 21 years of age or older, and by mailing it regular mail to debtor, or any other manner the Court orders which will be reasonably effective to give Augustus notice of the suit. Respectfully Submitted, By: /s/ M. H. Cersonsky M. H. Cersonsky, TBA 04048500 U.S. Southern Dist. No.: 5082 5065 Westheimer, Suite 600 Houston, Texas 77056 Tel. No.: (713) 840-1492 Fax No.: (713) 840-0038 Attorney for United States of America Of counsel: Alonso, Cersonsky & García, P.C.

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