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Reade v. Saradji

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Submitted April 13, 2010

Before FERREN, TERRY, and SCHWELB, Senior Judges.

Pro se plaintiff Randall Reade appeals the trial court’s “Order Denying Plaintiff’s Motion to Amend Complaint and for Summary Judgment, and Dismissing Complaint Sua Sponte.” Fundamentally, the case concerns Reade’s failure to file timely and legally sufficient proof of service of process pursuant to Super. Ct. Civ. R. 4 (l), (m). We agree with the trial court that Reade’s Affidavit of Service by Process Server was legally defective because it failed to comply with the strictures of Super. Ct. Civ. R. 4 (l)(1). Thus, the trial court did not err in denying Reade a default upon his filing this affidavit. Given the special circumstances of this case, however, including Reade’s status as a pro se plaintiff, we agree with Reade that the trial court abused its discretion by dismissing Reade’s complaint (1) without apprising him of the reasons why the Affidavit of Service was defective; (2) without informing him how to cure the defect to avoid dismissal of his complaint; and (3) without taking into proper account the Superior Court Clerk’s earlier grant of an extension of time to accomplish service of process ten days later than the trial court ordered dismissal. We therefore reverse the order of dismissal and remand the case for further proceedings.

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