Borough Council of the Borough of Cheston, 251 F.3d 465, 470 (3d Cir.2001) (“If the defendant fails to challenge the method of service, the federal court should ordinarily assume that the service was proper….”). As noted by the Court of Appeals, in case in which the defendant is a state official, the law in this Circuit is to presume that a complaint has been validly served upon the appropriate state official unless a defendant shows otherwise. Although Federal Rule of Civil Procedure 4(c) specifically addresses service upon the United States, there is no counterpart in the Federal Rules addressing the sufficiency of service upon state officials. By requiring a Rule 4(m) determination as an explicit precondition to a finding that a case is dismissable because of a failure of service, the Court of Appeals ensured that the appropriate steps were taken before a district court proceeds to dismiss a case. 1300 (1915) and 21 Am.Jur.2d Courts § 58 (1981)).Įven were I to assume, however, that the Court had the power to dismiss this case without plaintiff’s consent, I would nonetheless conclude that it should not be dismissed in the absence of a Rule 4(m) determination that service of the complaint upon the Secretary was made pursuant to Rule 4(m). Caputo, 10 F.3d at 838 (citing McDonald v. I have the ZTE WXV10 W300 and I have a problem with it, it won’t turn on so I have to power it off then press the power button a few times. All I can do is connect to WiFi and go to vodafone’s website and pick up the thing. I have a ZTE WXV10 W300 I’m on sprint, and they don’t allow me to connect to 3G.
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