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No. 8669417
United States Court of Appeals for the Ninth Circuit
Graves v. United States
No. 8669417 · Decided April 22, 2008
No. 8669417·Ninth Circuit · 2008·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 22, 2008
Citation
No. 8669417
Disposition
See opinion text.
Full Opinion
ORDER A review of the record, the opening brief and the response to the court’s order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). Federal Rule of Civil Procedure 4(c)(l)’s requirement that a summons be served with a copy of the complaint has not been met. See Fed.R.Civ.P. 4(c)(1). Nor did appellant serve a separate copy of the summons and complaint on the United States Attorney for the Southern District of California, as required by Federal Rule of Civil Procedure 4(i)(l). See Fed. R.Civ.P. 4(i)(l). Moreover, the district court did not err in rejecting appellant’s “re-filed” complaint because it was procedurally improper for appellant to re-file a complaint in that case after the had been *600 dismissed, even though the case was dismissed without prejudice. Accordingly, we summarily affirm the district court’s judgment. AFFIRMED.
Plain English Summary
ORDER A review of the record, the opening brief and the response to the court’s order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument.
Key Points
01ORDER A review of the record, the opening brief and the response to the court’s order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument.
03Federal Rule of Civil Procedure 4(c)(l)’s requirement that a summons be served with a copy of the complaint has not been met.
04Nor did appellant serve a separate copy of the summons and complaint on the United States Attorney for the Southern District of California, as required by Federal Rule of Civil Procedure 4(i)(l).
Frequently Asked Questions
ORDER A review of the record, the opening brief and the response to the court’s order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument.
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This case was decided on April 22, 2008.
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