Howard v. Shelton
Howard v. Shelton
Opinion of the Court
ORDER
The above-styled matter is before the Court on the defendants’ Motion to Dismiss.
On September 7, 2010, Makeda Howard (hereinafter “Howard”), acting pro se, filed suit
On September 27, 2010, the clerk of the court filed a letter from Howard providing Shelton’s address and, apparently, averring that the John Doe defendant was “Redel-woods [sic ] Apt.”
The clerk of the court issued summonses in accordance with Judge Anderson’s Order on February 1, 2011. The Marshals Service attempted to serve Shelton on February 7, 2011, but did not find her at her address. However, the deputy U.S. Marshal noted on the receipt that he “[s]poke with Ms. Shelton on phone; stated it was fine to leave with boyfriend (Javiam Morgan)[.]” The deputy marshal delivered the summons to Javiam Morgan (hereinafter “Morgan”).
On May 16, 2011, the Marshals Service likewise attempted to serve Rebelwoods Apartments. According to the deputy marshal’s notes, the site manager, Chrystal Ray-born (hereinafter “Rayborn”), “stated their Dist. Mgr. does not come to this location on a regular basis. In my presence [Rayborn] called the Vice Pres., Lora Black @ 601 936-XXXX who’s [sic ] office is at 3825 Old Brandon Rd, Pearl MS and advised of my presence and notice to serve said papers. Ms. Rayborn stated that Ms. Black advised her to accept the process and scan to her, which she did while I was still in her office.”
Without filing an answer, Shelton and Rebelwoods Apartments jointly moved for dismissal on July 19, 2011. Specifically, the defendants argued that service upon Rebelwoods Apartments failed because its summons “does not properly identify the defendant” and because Rayborn “is not authorized to accept service for any individual or entity named ‘John Doe.’ ”
ANALYSIS
Service of process upon a defendant in a federal lawsuit is not so simple as delivering
Among other things, Rule 4 of the Federal Rules of Civil Procedure requires that “[a] summons must ... name ... the parties[.]”
The Court has little difficulty in determining that service upon Shelton satisfied Rule 4. The defendants argue that the marshal “simply left the summons and complaint with Shelton’s boyfriend in his apartment,” but even if true, that contention does not suggest that service was insufficient. The Fifth Circuit has held that Rule 4’s “provision concerning usual place of abode should be liberally construed to effectuate service if actual notice has been received by the defendant”
With regard to Rebelwoods Apartments, the defendants argue that dismissal is appropriate both because of the form of the process and the method by which it was served. Specifically, the defendants argue that Rebelwoods Apartments’ summons “does not properly identify the defendant” and because Rayborn “is not authorized to accept service for any individual or entity named ‘John Doe.’ ”
The latter argument is self-obvious; no one is authorized to accept service for John Doe because, for the purposes of civil procedure, there is no such person. This contention, however, is no basis for dismissing the Howard’s complaint.
But the former suggestion is correct. The summons at issue plainly is directed to “John Doe” and not to Rebelwoods
Here, the John Doe summons’ only defect alleged — and only defect apparent — is its reference to John Doe instead of Rebelwoods Apartments. But the summons did contain this matter’s correct cause number, and inspection thereof in the office of the court specified in the Complaint would have revealed the September 10 letter in which Howard clarified that John Doe was, in fact, Rebelwoods Apartments.
This matter is complicated by the fact that Howard is proceeding informa pauper-is, which interposes unusual obligations. In an IFP case, the clerk’s office assists the plaintiff in carrying out some of its procedural duties; in particular, “[o]nce the IFP plaintiff has taken reasonable steps to identify the defendant(s), together Rule 4 and [28 U.S.C. § 1915] require the court to issue plaintiffs process to a United States Marshal who must in turn effectuate service upon the defendants.”
In the case at bar, Howard took reasonable steps to identify the John Doe defendant in her Complaint. On September 27, 2010, Howard wrote a letter to the clerk of the court informing that office that the identity of her John Doe was “Redelwoods Apt.” [sic].
The Court is satisfied that these efforts, while not a model by which civil procedure students are likely to be instructed any time soon, constitute “reasonable steps to identify the defendant,”
The question of whether to dismiss for failure to effect service is one in which a district court enjoys some discretion,
Rule 4 is a means to an end; it does not exist for its own sake. Although its demands are specific, its ultimate goal is simply to notify a defendant that a lawsuit has been filed against it. And when a pro se plaintiff achieves that goal despite failing to adhere to Rule 4’s every rigor, this Court will not favor dismissals based on simple technicalities. The Rules of Civil Procedure “should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.”
Therefore, the motion to dismiss is denied.
. Motion to Dismiss [Docket No. 9].
. Complaint [Docket No. 1].
. Order [Docket No. 3] at 2.
. Letter [Docket No. 4] at 1 (hereinafter "Sept. 2010 letter").
. Process Receipt and Return [Docket No. 8] (hereinafter "Shelton summons”) at 1. Nothing in the papers suggests how the deputy obtained Shelton’s phone number, but there it is not disputed that he spoke with her.
. Memorandum in Support of Motion to Dismiss [Docket No. 10] at 3. Notably, the “information and belief” upon which the defendants rely does not demonstrate that Morgan was not Shelton’s boyfriend.
. Process Receipt and Return [Docket No. 7] (hereinafter “John Doe summons”) at 1-2. The Court has redacted the final four digits of the telephone number.
. Motion to Dismiss at 2.
. Fed.R.Civ.P. 4(a)(1)(A).
. Fed.R.Civ.P. 4(e)(2)(A)-(B).
. Fed.R.Civ.P. 4(h)(1)(B).
. Nowell v. Nowell, 384 F.2d 951, 953 (5th Cir. 1967) (citation omitted).
. Id. See also Williams v. Capital Transit Co., 215 F.2d 487, 490 (D.C.Cir. 1954) (provision regarding usual place of abode "should be liberally construed”).
. Mid-Continent Wood Prods., Inc. v. Harris, 936 F.2d 297, 301 (7th Cir. 1991).
. O'Meara v. Waters, 464 F.Supp.2d 474, 476 (D.Md. 2006).
. Motion to Dismiss at 2.
. The Court notes that the defendants' motion did not argue that, to the extent that the summons at issue attempted service upon Rebel-woods Apartments, Rayborn was not authorized to accept on Rebelwoods Apartments' behalf. Apparently, the defendants did not urge this point since its vice president instructed the employee to accept the process. Whether this defense has now been waived is not a matter currently before the Court, and for now, the Court expressly declines to address the question. See Fed.R.Civ.P. 12(h).
. John Doe summons at 1.
. Bowman v. Sanofi-Aventis U.S., 2009 WL 5083431, *1 (W.D.Tex. 2009). But see id. ("[P]ro-cess may be insufficient if the summons and complaint refer to a party in the wrong name.") (emphasis added).
. Poulakis v. Amtrak, 139 F.R.D. 107, 109 (N.D.Ill. 1991). See Speelman v. United States, 461 F.Supp.2d 71, 74 (D.D.C. 2006).
. Supra at n. 14.
. Supra at n. 15.
. Cornish v. Texas Bd. of Criminal Justice Office of the Inspector, 141 Fed.Appx. 298, 300-01 (5th Cir. 2005).
. Sept. 2010 letter at 1.
. Summons [Docket No. 5] at 2.
. Cornish, 141 Fed.Appx. at 300.
. Poulakis v. Amtrak, 139 F.R.D. 107, 109 (N.D.Ill. 1991). See Speelman v. United States, 461 F.Supp.2d 71, 74 (D.D.C. 2006).
. Id. at 301.
. In their Reply to Motion to Dismiss [Docket No. 14], the defendants correctly note that the plaintiff has an obligation to amend the Complaint if she expects to proceed against certain parties. Reply at 3 n. 1. Because the Court is denying the motion to dismiss, that issue as well as the other topics typically discussed can be taken up at the Case Management Conference with the Magistrate Judge, the notice of which
. Fed.R.Civ.P. 1 (emphases added).
Reference
- Full Case Name
- Makeda HOWARD v. Shondra SHELTON and John Doe
- Cited By
- 3 cases
- Status
- Published