Magistrate Judge H. Kenneth Schroeder
Immigration detainee Johnson filed a pro se complaint under Bivens and the Americans with Disabilities Act. DHS/ICE, Phillips and Tryon (the Federal Defendants) did not appear. The court found Johnson did not properly serve any Federal Defendant under Federal Rule of Civil Procedure 4(i). Based on Johnson’s proofs of service, the court deemed the Federal Defendants not properly served under Rule 4(i)(2)-(3). There was no proof he served the United States under Rule 4(i)(1). Further, despite sending the summons and complaint by certified mail to Phillips, Johnson did not serve the United States as required. As to Tryon, not only did Johnson fail to serve the United States under Rule 4(i) (1) (A)-(B), but he also failed to serve Tryon under Rule 4(e). Exercising discretion, the court granted Johnson a 60-day enlargement of time—under Rule 4(m)—to serve the summons and complaint upon the Federal Defendants as set forth in Rule 4(i). The four factors in Jordan v. Forfeiture Support Associates favored granting such an enlargement of time. Although his ignorance of Rule 4(i)’s requirements may not constitute good cause under Rule 4(m), Johnson made an apparent good faith effort to serve the Federal Defendants.
