Splawn v. U.S.

Full title: BOBBY R. SPLAWN, Plaintiff, v. Edgar UNITED STATES OF AMERICA, Defendant

Court: United States District Court, E.D. Tennessee

Date published: Jul 10, 2003

No. 1:03-cv-108 (E.D. Tenn. Jul. 10, 2003)

Opinion

No. 1:03-cv-108

July 10, 2003

MEMORANDUM AND ORDER

R. ALLAN EDGAR, Chief Judge, District

Defendant United States of America moves pursuant to FED. R. CIV. P.12(b)(5) to dismiss the plaintiff's complaint on the ground of insufficiency of service of process. Defendant contends that the plaintiff has not effected service of process upon the Internal Revenue Service and the Attorney General of the United States as required by FED. R. CIV. P. 4(i).

The defendant's motion [Court File No. 2] to dismiss the complaint is DENIED. The record shows that the plaintiff recently served a copy of the summons and complaint on the Internal Revenue Service and the Attorney General by registered or certified mail pursuant to Rule 4(i)(2)(A).

SO ORDERED.