Collier v. DeJoy

• Court: District Court, W.D. Oklahoma
• Decided: March 12, 2025
• Docket: 5:24-cv-01224
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

CORETTA COLLIER, ) ) Plaintiff, ) ) v. ) Case No. CIV-24-1224-D ) LOUIS DeJOY; and VICTORIA POLITO, ) ) Defendants. )

ORDER The Court is in receipt of correspondence from Plaintiff [Doc. No. 15], in which she outlines her attempts to serve Defendants in this matter. Upon review of the purported proofs of service [Doc. No. 8], the Court finds that Plaintiff has not effected service on either Defendant. Pursuant to Rule 4 of the Federal Rules of Civil Procedure, a party to litigation may not act as the service agent. FED. R. CIV. P. 4(c)(2) (“Any person who is at least 18 years old and not a party may serve a summons and complaint.”). Rule 4(c)(2) applies even in instances where service is attempted via certified mail. See Constien v. United States, 628 F.3d 1207, 1213 (10th Cir. 2010) (“Even when service is effected by use of the mail, only a nonparty can place the summons and complaint in the mail.”). Further, it appears that Plaintiff’s attempted service copies were incomplete and missing certain exhibits attached to Plaintiff’s complaint. IT IS THEREFORE ORDERED that Plaintiff is directed to effect proper service on Defendants of both the summons and complaint within 30 days of this Order. Plaintiff is encouraged to review Rule 4 of the Federal Rules of Civil Procedure, and particularly Rule 4(1) for serving the United States and its agencies, corporations, officers, or employees, in order to ensure effective service. If service has not been effected in accordance with Rule 4 within 30 days of this Order, this action may be dismissed without prejudice. IT IS SO ORDERED this 12" day of March, 2025.

\ ty Q □□□ TIMOTHY D. DeGIUSTI Chief United States District Judge