Summary
The United States District Court for the Middle District of Louisiana quashed service on defendants Ramsey and Smith because summonses were left with an assistant warden rather than personally served, left at their residences, or delivered to authorized agents. Finding that the insufficient service was not the plaintiff’s fault, the court granted an additional 45 days for service and directed the U.S. Marshals Service to re-attempt service using specified methods.
Holdings
- Service on Ramsey and Smith was insufficient because the summonses were left with an assistant warden at the defendants' workplace, without personal delivery, domiciliary delivery, or delivery to an authorized agent.
- The court extended the time for service by 45 days because the insufficient service was not the plaintiff's fault.
Questions Presented
- Whether service of process on defendants Ramsey and Smith was sufficient when the summonses were left with an assistant warden at the defendants' workplace.
- Whether the court was required to extend the time for service because the insufficient service was not attributable to the plaintiff.
Disposition
quashed
Cases Cited (9)
- Muhammad v. State of Louisiana, Nos. 99-3742 & 99-2694, 2000 WL 1511181, at *10 (E.D. La. Oct. 6, 2000)(followed)
- Smith v. Western Offshore, Inc., 590 F. Supp. 670, 674 (E.D. La. 1984)(followed)
- Carter v. City of Thibodaux, 2013 WL 5673570, at *2-*3 (E.D. La. 2013)(followed)
- Goodman v. Clark, 2010 WL 2838396, at *6-*10 (N.D. Ind. 2010)(followed)
- Laffey v. Plousis, 2008 WL 305289, at *5 (D.N.J. 2008)(followed)
- Elkins v. J.A. Broome, 213 F.R.D. 273, 276 (M.D.N.C. 2003)(followed)
- Melton v. Wiley, 262 F. App'x 921, 923 (11th Cir. 2008)(followed)
- Etris v. Snyder, 2012 WL 692811, at *3 (N.D. Ga. 2012)(followed)
- Daly-Murphy v. Winston, 837 F.2d 348, 355 (9th Cir. 1987)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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