Opinion
No. 4:01-CV-0841-A
April 24, 2002
ORDER
In reviewing the record, the court finds that plaintiffs, Andres Montoya Reyna, Sr., Elida Reyna, Andres Mares Reyna, Jr., and Rebecca Reyna, have failed to provide proof of proper service of summons and complaint or an instrument containing a satisfactory explanation as to why such proof of service on defendants Richard A. Medema, Senior Attorney, ("Medema") and Mia Moore, DEA Agent, ("Moore") could not be filed. In response to the court's February 20, 2002, order, plaintiffs submitted, with respect to these defendants, green return receipt cards that are unaccompanied by any explanation of how service was accomplished. The return receipts reflect that the items were mailed by plaintiff Andres Mares Reyna, Jr. However, FED. R. Civ. P. 4(c)(2) specifically provides that service may be "effected by any person who is not a party and who is at least 18 years of age." Accordingly, the court finds that the claims against these defendants should be dismissed. FED. R. Civ. P. 4(m).
The court ORDERS that plaintiffs' claims against defendants Medema and Moore be, and are hereby, dismissed for want of prosecution.
The court determines that there is no just reason for delay in, and hereby directs, entry of final judgment as to the dismissal of said claims.