Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gueye v. Thomas M. Cooley Law School

February 8, 2007

AMAR GUEYE, ET AL., PLAINTIFFS,
v.
THOMAS M. COOLEY LAW SCHOOL, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Timothy S. Black United States Magistrate Judge

Spiegel, J.

ORDER

This civil rights case is before the Court on Plaintiff Amar Gueye's response to an Order to show cause why this action should not be dismissed for failure of service. In his response, Plaintiff states that after filing his complaint he went directly to the U.S. Postal Service office to mail copies of the summons and complaint to the Thomas M. Cooley School of Law and the Lansing Police Department at addresses in Michigan, and that his letters have not been returned to him. (See Doc. 4.)

The Federal Rules of Civil Procedure provide in pertinent part that service may be made "pursuant to the law of the state in which the district court is located, or in which service is effected." Fed. R. Civ. P. 4(e)(1). Ohio law provides that service of process on out-of-state defendants be made by certified mail and return receipt requested. See Ohio R. Civ. P. 4.3(B)(1). Michigan law also allows sending a summons and complaint "by registered or certified mail, return receipt requested, and delivery restricted to the addressee." Mich. Ct. R. 2.105(A)(2).

Rule 4 of the Federal Rules of Civil Procedure further provides "the person effecting service shall make proof thereof to the court." Fed. R. Civ. P. 4(l).

Plaintiff's bare assertions that he mailed the copies of the summons and complaint and that his letters have not been returned to him are insufficient to satisfy the requirements of Rule 4(l).

For good cause shown, IT IS HEREIN ORDERED THAT the time in which to effect service is extended to March 12, 2007. On or before that date, Plaintiff SHALL FILE proof of service with the Court. A failure to comply with this Order may result in a recommendation that this action be dismissed without prejudice for failure to effect timely service of process of the summons and complaint.

IT IS SO ORDERED.

20070208

© 1992-2007 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.