Nash v. Perdue, No. 2:2020cv01359 - Document 12 (D.N.M. 2021)
Court Description: MEMORANDUM OPINION AND ORDER FOR SERVICE AND DENYING PLAINTIFF'S MOTION FOR SERVICE BY PUBLICATION by Magistrate Judge Gregory J. Fouratt. (nmh)
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Nash v. Perdue Doc. 12 Case 2:20-cv-01359-KRS-GJF Document 12 Filed 12/27/21 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO BENJAMIN NASH, Plaintiff, v. Civ. No. 20-1359 KRS/GJF TOM VILSACK, Secretary, Department of Agriculture, Defendant. MEMORANDUM OPINION AND ORDER FOR SERVICE AND DENYING PLAINTIFF’S MOTION FOR SERVICE BY PUBLICATION Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915 which provides that the “officers of the court shall issue and serve all process and perform all duties in [proceedings in forma pauperis]”). 28 U.S.C. § 1915(d). Because Plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915, the Court will order the Clerk of the Court to serve Defendant pursuant to Fed. R. Civ. P. 4(i)(2), “Serving the United States and Its Agencies, Corporations, Officers, or Employees,” “Agency; Corporation; Officer or Employee Sued in an Official Capacity.” IT IS THEREFORE ORDERED that: (i) The Clerk of the Court shall serve the United States by: (a) “deliver[ing] a copy of the summons and of the [Complaint, ECF 1, filed December 29, 2020] to the United States attorney for the [District of New Mexico]—or to an assistant United States attorney or clerical employee whom the United States attorney designate[d] in a writing filed with the court clerk—or send[ing] a copy of each by registered or certified mail to the civil-process clerk at the United States attorney’s office” and (b) “send[ing] a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.” Dockets.Justia.com Case 2:20-cv-01359-KRS-GJF Document 12 Filed 12/27/21 Page 2 of 2 Fed. R. Civ. P. 4(i)(1). (ii) The Clerk of the Court shall serve Defendant by “send[ing] a copy of the summons and of the [Complaint, ECF 1, filed December 29, 2020] by registered or certified mail to:” Tom Vilsack United States Department of Agriculture 1400 Independence Ave., S.W. Washington, D.C. 20250 Fed. R. Civ. P. 4(i)(2). (iii) Plaintiff’s Motion for Service by Publication [ECF 6], filed March 11, 2021, is DENIED AS MOOT because the Court is granting Plaintiff’s motion for service on Defendant. _______________________________________ THE HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE 2
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