Attorney Pro Se 3031 So. Ogden Ave. Suite #2 Ogden, Utah 84401 801-497-6655 ___________________________________________________________________________________ DISTRICT OF UTAH UNITED STATES DISTRICT COURT ________________________________________________________________________
CODY ROBERT JUDY , MOTION: REQUEST Plaintiff, FOR AMMENDED SERVICE OF PROCESS By a Marshall or Someone Specially Appointed 28 U.S.C. 1915 v. Case No. 1:14cv00093 BARACK HUSSEIN OBAMA JUDGE: Honorable TED STEWART aka BARRY SOETORO , DNC , ORGANIZATION FOR ACTION et al., Defendant(s) __________________________________________________________________________________ Comes Now the Plaintiff, Cody Robert Judy, pro se, and submits this MOTION:REQUEST FOR AMMENDED SERVICE OF PROCESS BY A MARSHALL OR SOMEONE SPECIALLY APPOINTED and Order for Amended Service of Process. ARGUMENT FOR THE MOTION REQUEST FOR AMMENDED SERVICE OF PROCESS 1- July 7 th , Plaintiff filed the Civil Rights and Sherman/Clayton Act Complaint with the 20 Day Summons and accompanying Order to Proceed Informa Pauperis.
2- July 8 th Plaintiffs Motion was granted by Magistrate Judge Dustin B. Pead.
3- July 14 th the Court recognized the Motion to Proceed without cost on the Docket and it was filed on July 10 th .
2
4- THIS COURT has denied Plaintiffs Service of Process by and through the Clerks NOTICE: MOTION FOR ENTRY OF DEFAULT upon Defendants by and through [Lauren Littlefield] an agent of Defendant(s) who reported she was in did recognized to receive service for Barack Hussein Obama, the Democratic National Committee, and Organization for Action who would fax it to them in recognition of the Defendants being served the Complaint with a 20 Day Summons July 16,2014 as per the Summons directions that the individual named or an authorized agent for them be served as was witnessed by the Return of Service signed by Ms. Judy and witnessed by Plaintiff in an Affidavit. 5- This was also confirmed by the ORDER DENYING PLAINTIFFS NOTICE FOR DECISION signed by U.S. District Judge Ted Stewart September 16 th ,2014.
6- Plaintiff has exhausted any financial ability to serve the Defendant(s) locally and has not the resources to re-serve the Defendant(s) the Summons and Complaint, and does not believe the Defendant(s) have been honorable in the obligation to provide an answer even if the Summons and Complaint so served Lauren Littlefield by Ms. Judy was legally considered more of a Request for Waiver applied by Rule 4(d) (ii)having the duty to avoid unnecessary expenses of serving the summons subject to service under Rule 4(h) [to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process.]
7- Defendants are well equipped with lawyers that could draft their own Waiver of service having been notified of the Complaint and Summons by delivery and the witness of the RETURN OF SERVICE and may have also been granted 60 days to respond but they have chosen not to do this and instead avoid the SUMMONS AND COMPLAINT at least delivered to them through their agent Lauren Littlefield by Plaintiff by and through Ms. Judy pursuant to F.R.C.P 4(h) (1) (B).
8- Defendants failure to recognize the SUMMONS AND COMPLAINT so served, and the Courts Orders, severly handicaps the Plaintiff in the justice of the case filed with a violation of the U.S.C. and Federal Acts this Court is authorized and has jurisdiction over.
9- According to F.R.C.P Rule 4(i)(4) Extending time the Court may authorize a party a reasonable time to cure its failure of SERVICE as the Plaintiff has been notified of the Courts rejection of his service to the Defendants, extending time although the 120 days pursuant to F.R.C.P Rule 4(m) for service has not been reached in this case, but if it becomes necessary. 3
10- F.R.C.P Rule 4 (l) further stated Proving service by affidavit Ms. Judy provided hers in the Return of Service; and Plaintiff also provided his Affidavit of witnessing her serve the Court Stamped Summons and the Complaint.
11- F.R.C.P Rule 4 (l)(3) Validly of Service: Amended Proof. Failure to prove service does not affect the validity of service. The Court may permit proof of service to be amended.
REQUEST FOR THE COURTS AGENT TO SERVE DEFENDANT(S) 1- As the Plaintiff has shown the Court in his best faith efforts to properly serve the agents of the Defendants limited to his resources to get around locally, and it has not recognized this, Plaintiff petitions and request the Court to issue the attached Summons and Serve them to the Defendants per U.S. Marshal or authorized Court agent at the following addresses attached in SUMMONS. Signed and dated this ___ day of September, 2014.
Cody Robert Judy pro se /s/__________________________.