Holkesvig v. Hutton

2015 ND 48

• Court: North Dakota Supreme Court
• Decided: March 19, 2015
• Docket: 20140320
• Status: Published

Opinion

Filed 3/19/15 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2015 ND 48

Randy Holkesvig, Plaintiff and Appellant

v.

Kelly Hutton, Lori Martinez, Lori Troyer,

Lisa Moen, 2 un-named Civil Clerks at

GF Courthouse in their individual and official

capacities, Rebecca Absey, Clerk of District

Court, in her individual and official capacity,

Merylee Castellanos, Grand Forks County District

Court Administrator, in her individual and

official capacity, Sally Holewa, State Court

Administrator, in her individual and official

capacity, Penny Miller and Petra Hulm,

North Dakota Supreme Court Clerk and

Deputy Clerk, Defendants and Appellees

No. 20140320

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Allan L. Schmalenberger, Judge.

AFFIRMED.

Per Curiam.

Randy Holkesvig, P.O. Box 82, Fargo, N.D. 58107-0082, plaintiff and  appellant; on brief.

Douglas A. Bahr, Solicitor General, 500 North 9th Street, Bismarck, N.D. 58501-4509, defendants and appellees; on brief.

Holkesvig v. Hutton

[¶1] Randy Holkesvig appeals from a judgment dismissing without prejudice his complaint against several state court employees for insufficient service of process under N.D.R.Civ.P. 4.  We hold Holkesvig failed to comply with the requirements for service of process upon the state under N.D.R.Civ.P. 4(d)(2)(F) and Sanderson v. Walsh Cnty. , 2006 ND 83, ¶¶ 14-18, 712 N.W.2d 842 by “delivering” a copy of the summons.  We affirm under N.D.R.App.P. 35.1(a)(7).

[¶2] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Carol Ronning Kapsner

Dale V. Sandstrom