Akinmulero v. United States Attorney General

Opinion

UNITED STATES DISTRICT COURT AT SEATTLE OLASEBIKAN N. AKINMULERO, NO. C20-1135RSL Plaintiff, v. ORDER DEPARTMENT OF HOMELAND SECURITY, et al., Defendants. This matter comes before the Court on plaintiff’s “Motion for Clarification of April 27, 2021, Order Denying Motion for Default Judgment.” Dkt. # 33. Plaintiff inquires whether statements in a certificate of service constitute evidence of service. Yes, in the circumstances presented here, the certificate of service is sufficient. “The rule is well settled that proof that a letter properly directed was placed in a post office creates a presumption that it reached its destination in usual time and was actually received by the person to whom it was addressed.” Hagner v. U.S., 285 U.S. 427, 430 (1932). An employee of the United States Attorney’s Office certified that she mailed a copy of defendant’s answer to plaintiff at his address on January 29, 2020. Dkt. # 23 at 4. That certificate is evidence of service, giving rise to a presumption of receipt that has not been rebutted. Plaintiff is not entitled to a default judgment. Dated this 2nd day of June, 2021. Robert S. Lasnik United States District Judge