that's BS
DWQY said:
Hi, all
I wanted to briefly describe my case and ask for your perspectives.
I filed a Pro Se case against USCIS and FBI about 2 months ago on the excessive delay of processing my I-485 application which was filed in Sept, 2003. A couple of weeks ago, after 60 days passed without an answer, I filed the motion for default judgment in court. Today, I got in touched with US attorney's office in that region (Eastern Texas). They told me that they were not served properly because I didn't include them in the filing and in order for them to respond, they (US attoreny) must be represented in the Defendents list and served accordingly when the case was filed. Therefore, they suggested me to start the process over and make sure they are served this time.
I used a copy of previous Complaint and never knew that I must include US Attorney as defendent and serve.
Does anyone has any experience or knowledge on my case? should I wait for the court ruling on default motion?
Thank you for sharing
Daniel
Get a copy of the local rule and see if it specifically says you have to list USA on the defendent list. They are just the lawyer not the defendent.
Call the clerk and ask if this is true. I doublt.
This is Federal law RULE 4 says, it only requires a copy to be sent to them. Make sure you have the original receipt.
(i) Service Upon the United States, and its Agencies, Corporations, or Officers.
(1) Service upon the United States shall be effected
(A) by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court or by sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil process clerk at the office of the United States attorney and
(B) by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia, and
(C) in any action attacking the validity of an order of an officer or agency of the United States not made a party, by also sending a copy of the summons and of the complaint by registered or certified mail to the officer or agency.
(2) Service upon an officer, agency, or corporation of the United States shall be effected by serving the United States in the manner prescribed by paragraph (1) of this subdivision and by also sending a copy of the summons and of the complaint by registered or certified mail to the officer, agency, or corporation.
(3) The court shall allow a reasonable time for service of process under this subdivision for the purpose of curing the failure to serve multiple officers, agencies, or corporations of the United States
if the plaintiff has effected service on either the United States attorney or the Attorney General of the United States.
