Hoglund et al v. United States of America et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Craig Douglas Hoglund 	)
Christine Joan Hoglund, 	)
) 	ORDER
Plaintiffs, 	)
)
vs. 	)
) 	Case No. 1:22-cv-153
United States of America, et al., 	)
)
Defendants. 	)
Plaintiffs initiated the above-captioned action pro se on September 21, 2022, with the filing
of a paid complaint along with a Certificate of Service dated September 14, 2022. (Doc. Nos. 1, 2).
That same day the Clerk’s office issued a summons to Plaintiffs for Defendants. (Doc. No. 3).
On January 17, 2023, the court issued an order to show cause. (Doc. No. 10). Noting that
there was nothing in the record to reflect that Plaintiffs have effectuated service of summonses and
their complaint on Defendants within the time allotted to them by Fed. R. Civ. P. 4(m), the court
gave Plaintiffs thirty days to either provide proof of service or otherwise show there is good cause
to give them more time to serve Defendants.
On February 21, 2023, Plaintiffs filed a response to the court’s order. 	(Doc. No. 11).
Plaintiffs acknowledge that they have yet to serve Defendants with the copies of their complaint and
summonses. 	Referencing an information sheet for pro se litigants that is posted on the court’s
website, they appear to be operating under the mistaken belief that they require more from the
Clerk’s office before they can serve Defendants.
In appreciation of the fact that Plaintiffs are proceeding pro se and given the particular
circumstances of this case, the court finds that good cause exists to extend Plaintiffs’ deadline for
1
Case 1:22-cv-00153-DLH-CRH Document 12 Filed 02/23/23 Page 1 of 2

effectuating service on Defendants. The Clerk’s office shall provide Plaintiffs with the following:
a copy of the summons it had previously issued, Form AO-398 (Notice of Lawsuit/Request for
Waiver of Service), and Form A0-399 (Waiver of Service of Summons). Plaintiffs in turn can make
copies of these documents as necessary and serve them on Defendants along with copies of their
complaint in accordance with Fed. R. Civ. P. 4.1 Plaintiff shall have until March 27, 2023, to file
proof they have properly served Defendants.
IT IS SO ORDERED.
Dated this 23rd day of February, 2023.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
1 Plaintiffs must include new copies of their complaint with the summonses they serve on
Defendants. The fact that they previously mailed their complaints to Defendants does not
“count.” 	They have to start from scratch.
2
Case 1:22-cv-00153-DLH-CRH Document 12 Filed 02/23/23 Page 2 of 2