Ricky Carl Barnes v. Troy Meink, et al.

1 WO [5] 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA [8] 9 Ricky Carl Barnes, No. CV-25-04815-PHX-KML 10 Plaintiff, ORDER 11 v. 12 Troy Meink, et al., 13 Defendants. [14] 15 Plaintiff Ricky Carl Barnes filed certificates of service stating “the Complaint and 16 Summons[ ] were sent Certified United State[s] Mail” to the United States Attorney’s 17 Office for the District of Arizona (USAO), the United States Attorney General, the 18 Secretary of the Air Force, and the Air Force Board for Correction of Military Records. 19 (Docs. 8-11.) On February 2, 2026, the USAO filed a “Notice of Imperfect Service.” (Doc. 20 20.) According to that notice, the USAO “received a copy of the complaint but did not 21 receive an executed copy of the summons.” (Doc. 20.) Based on the allegedly missing 22 summons, the USAO states it “has not been properly served.” (Doc. 20 at 1.) The USAO 23 requests the court “set a deadline for Plaintiff to serve the summons and complaint.” (Doc. 24 20 at 1.) 25 The court previously set March 27, 2026, as the deadline for Barnes to file proofs 26 of service. (Doc. 7.) If the mailings Barnes already made did not include proper 27 summonses, proper service has not occurred. But the present record does not allow the [28] || court to determine if summons were included.! 2 However, there is another flaw that requires Barnes to take action, and that action || will allow him to clarify the content of the original mailings, if appropriate. It appears 4|| Barnes personally mailed the original complaint and summons to the various addresses. || According to Rule 4(c), “[a]ny person who is at least 18 years old and not a party may 6 || serve a summons and complaint.” Fed. R. Civ. P. 4(c)(2) (emphasis added); see also 7\| Constien v. United States, 628 F.3d 1207, 1217 (10th Cir. 2010) (service improper because 8 || mailings were done by plaintiff herself, “not by a nonparty, as required by Rule 4(c)’). 9|| Therefore, Barnes must file new proofs indicating proper service by a nonparty or, alternatively, Barnes may file a declaration from the nonparty who made the previous |) mailings attesting to the inclusion of summonses. 12 IT IS ORDERED no later than March 27, 2026, plaintiff shall file proofs that 13 || service of the complaint and summons was completed by a nonparty. If additional proofs of service are not filed by March 27, 2026, the Clerk of Court shall terminate without 15} further notice any defendant in the United States pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. 17 Dated this 4th day of February, 2026. [18] 20 me Honorable Krissa M. Lanham 21 United States District Judge [27] ' On February 3, 2026, Barnes filed an “Affidavit of Service” that includes an unexecuted 28 copy of the summons. (Doc. 21.) To be effective, Barnes must ensure he sends summonses that have been signed by the Clerk of Court. -2-