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Judge Siragusa http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=120622 PLAINTIFF immigrant’s May 26, 2009, complaint sought judicial review of his naturalization application. Counsel mailed plaintiff’s complaint to the Office of the U.S. Attorney General and the Office of Immigration Counsel—as well as other immigration officials—through the U.S. Postal Service, requesting delivery confirmation for each mailing. Default judgment was sought on Dec. 14. In their Dec. 15 dismissal motion, defendants asserted plaintiff’s failure to effect service by registered or certified mail. Federal Rule of Civil Procedure 4(i) governs service on the United States. Rule 4(m) requires service within 120 days. Thus, service in connection with plaintiff’s complaint was due by Sept. 26, 2010. The requirement to use certified or registered mail is specifically written into the Rule. Also, the U.S. Postal Service’s Domestic Mail Manual defines registered and certified mail. The court concluded the evidence showed no defendant was personally served and no defendant had been served by “certified” or “registered” mail. In dismissing plaintiff’s complaint without prejudice, the court determined that plaintiff’s counsel’s failure to serve the complaint in the manner required by Rule 4(i) precluded a finding of personal jurisdiction over defendants.

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