Opinion
No. 02-0823 (JR)
February 13, 2003
ORDER
Plaintiff has failed to comply with this Court's order of November 7, 2002, requiring proof of service to be filed no later than December 7, 2002. What was filed on December 7, 2002, was styled an "affidavit of service" but was in fact the unsworn statement of counsel. The "affidavit" asserts that service was made via the Court's electronic filing system — which is ineffective for service of original process — and by "personal service" without stating how, where, or when service was allegedly made. The "affidavit" asserts that service upon defendant England was made by "overnight mail service through the United States Postal Service" not asserted to be either registered or certified mail. The "affidavit" is unaccompanied by copies of any postal documents or signed acknowledgments of service. It is
ORDERED by the Court sua sponte that the complaint in this case is dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.