Jackson v. Ossell

Background

Howard G. Jackson, representing himself, was allowed to proceed without paying the filing fee. The court required him to submit a Marshal Service Form for Melissa Gunderson so the U.S. Marshals Service could attempt service. Jackson submitted a form, but the person found at the listed address was not the Melissa Gunderson involved in his lawsuit. Jackson then asked the court to help locate and serve the correct Gunderson.

Legal standard

The court explained that proper service of process—formal delivery of the summons and complaint—is required to give a defendant notice and an opportunity to respond. Federal Rule of Civil Procedure 4(m) generally requires service within 90 days. If the plaintiff shows good cause for failing to serve the defendant, the court must extend the deadline; the court may also allow an extension based on other circumstances. The plaintiff remains responsible for providing accurate information needed for service.

Ruling

The court denied Jackson’s request for the court to investigate and locate Gunderson. It found that a short extension was warranted because Jackson was representing himself, any prejudice to the defendants would be minimal, and the case was still in its early stages. The court granted Jackson a short extension to submit a new Form USM-285 with Gunderson’s correct information. Jackson was instructed not to attempt service himself.

The order requires Jackson to submit the new form within 30 days. If he does not, the court will recommend that his claims against Gunderson be dismissed without prejudice for failure to prosecute. After receiving the new form, the U.S. Marshals Service must attempt service in compliance with Rule 4, either by personally serving Gunderson or by serving someone authorized to accept service for her.