Humphrey v. The U.S. Federal Bureau of Investigations et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
DION KIRK HUMPHREY,
Plaintiff,
v.
THE U.S. FEDERAL BUREAU OF
INVESTIGATIONS, et al.,
Defendants.
Case No. 3:22-cv-00193-SLG
ORDER DIRECTING SERVICE AND RESPONSE
On August 31, 2022, Dion Kirk Humphrey, a self-represented litigant
(hereinafter “Plaintiff”) filed a civil complaint against the Federal Bureau of
Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, two
agencies of the United States Government, and paid the filing fee. Plaintiff alleges
violations of his Second Amendment right to bear arms under the U.S. Constitution
and seeks declaratory relief; accordingly, it appears that the Court has jurisdiction
pursuant to 28 U.S.C. § 1331.
IT IS THEREFORE ORDERED:
1. Plaintiff shall proceed with the steps outlined in this order to ensure that
service of process on all Defendants is completed no later than ninety (90)
Case 3:22-cv-00193-SLG Document 3 Filed 10/27/22 Page 1 of 8

Case No. 3:22-cv-00193-SLG; Humphrey v. U.S. F.B.I., et al.
Order Directing Service and Response
Page 2 of 8
days from the date of this order.1 This means that no later than 90 days
from the date of this order, Plaintiff must complete initial service of the
Complaint and Summons upon all Defendants. All service shall be made in
a manner authorized by Rule 4 of the Federal Rules of Civil Procedure.
2. Plaintiff names as Defendants agencies of the United States Government.
Accordingly, Plaintiff must follow Rule 4(i) “Serving the United States and Its
Agencies, Corporations, Officers, or Employees,” which requires service
upon the United States Attorney for the District of Alaska and the Attorney
General of the United States.2 The Court provides the text of Rule 4(i) for
Plaintiff’s guidance:
SERVING THE UNITED STATES AND ITS AGENCIES,
CORPORATIONS, OFFICERS, OR EMPLOYEES.
(1) United States. To serve the United States, a party
must:
(A)(i) deliver a copy of the summons and of the
complaint to the United States attorney for the district
where the action is brought—or to an assistant United
States attorney or clerical employee whom the United
States attorney designates in a writing filed with the
court clerk—or
(ii) send a copy of each by registered or certified mail
to the civil-process clerk at the United States attorney's
office;
(B) send a copy of each by registered or certified mail
to the Attorney General of the United States at
Washington, D.C.; and
1 See Fed. R. Civ. P. 4(m).
2 Fed. R. Civ. P. 4(i)(1)(A)(i).
Case 3:22-cv-00193-SLG Document 3 Filed 10/27/22 Page 2 of 8

Case No. 3:22-cv-00193-SLG; Humphrey v. U.S. F.B.I., et al.
Order Directing Service and Response
Page 3 of 8
(C) if the action challenges an order of a nonparty
agency or officer of the United States, send a copy of
each by registered or certified mail to the agency or
officer.
(2) Agency; Corporation; Officer or Employee Sued in
an Official Capacity. To serve a United States agency or
corporation, or a United States officer or employee sued
only in an official capacity, a party must serve the
United States and also send a copy of the summons
and of the complaint by registered or certified mail to the
agency, corporation, officer, or employee.
(3) Officer or Employee Sued Individually. To serve a
United States officer or employee sued in an individual
capacity for an act or omission occurring in connection
with duties performed on the United States’ behalf
(whether or not the officer or employee is also sued in
an official capacity), a party must serve the United
States and also serve the officer or employee
under Rule 4(e), (f), or (g).
(4) Extending Time. The court must allow a party a
reasonable time to cure its failure to:
(A) serve a person required to be served under Rule
4(i)(2), if the party has served either the United States
attorney or the Attorney General of the United States; or
(B) serve the United States under Rule 4(i)(3), if the
party has served the United States officer or employee.
3. The Clerk of Court shall provide summons forms to Plaintiff. Plaintiff must
complete each form in accordance with Rule 4(i).
4. To complete the summons form properly, Plaintiff must do the following:
a. At the top each form, above “SUMMONS IN A CIVIL ACTION,” enter
the following information, found on the first page of this order:
i. the name of the Court (at the very top middle of the page, after
Case 3:22-cv-00193-SLG Document 3 Filed 10/27/22 Page 3 of 8

Case No. 3:22-cv-00193-SLG; Humphrey v. U.S. F.B.I., et al.
Order Directing Service and Response
Page 4 of 8
“United States District Court for the District of Alaska”); and
ii. the parties’ complete full names (above Plaintiff(s) v.
Defendant(s), respectively); and
iii. the case number, after “Civil Action No.”
b. As to the recipient of the summons (i.e., who the summons is to),
Plaintiff should write Defendant’s full name and mailing address, if
known.
c. After the paragraph ending, “The answer or motion must be served
on the plaintiff or plaintiff’s attorney, whose name and address are”,
enter the name and address of the appropriate individual. If Plaintiff
retains an attorney, that attorney’s name and address information
should be entered there. If Plaintiff continues to be self-represented,
then Plaintiff’s name and mailing address should be entered there.
d. After Plaintiff completes the required forms, Plaintiff should mail (1)
the completed summons forms; (2) a copy of the Complaint for each
completed summons form; and (3) a copy of this order for each
completed summons form to:
U.S. District Court
222 West 7th Avenue, #4
Anchorage, Alaska 99513
If the summons forms have been completed properly, they will then
be issued by the Clerk of Court for service.
Case 3:22-cv-00193-SLG Document 3 Filed 10/27/22 Page 4 of 8

Case No. 3:22-cv-00193-SLG; Humphrey v. U.S. F.B.I., et al.
Order Directing Service and Response
Page 5 of 8
5. After each Defendant has been served, Plaintiff must provide proof of
service by affidavit.3 The requirements of service are not considered met
unless proof of service is filed with the Court no later than ninety (90) days
of this order.
6. At all times, Plaintiff shall keep the Court informed of any change of address.
Notice of a change of address shall be titled “Notice of Change of Address.”4
The notice shall contain only information about the change of address and
its effective date. The notice shall not include requests for any other relief.
Failure to file the notice may result in the dismissal of the action for failure
to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure.
7. After service of the Complaint, all future papers sent to the Court must be
identified with the name of the Court, the case number, the name of the
Plaintiff, the name of the Defendant, and the title of the document, as
illustrated on the first page of this order.5
3 Fed. R. Civ. P. Rule 4(l)(1).
4 See Local Civil Rule 11.1(b) (requiring a notice of change of address to be filed “[s]elf-
represented parties must keep the court and other parties advised of the party’s current address
and telephone number.”). A Notice of Change of Address form, PS23, may be obtained from the
Clerk of Court, if needed.
5 See Fed. R. Civ. P. 10(a) (“The title of the complaint must name all the parties; the title of other
pleadings, after naming the first party on each side, may refer generally to other parties.”); see
also L. Civ. R. 7.5.
Case 3:22-cv-00193-SLG Document 3 Filed 10/27/22 Page 5 of 8

Case No. 3:22-cv-00193-SLG; Humphrey v. U.S. F.B.I., et al.
Order Directing Service and Response
Page 6 of 8
8. Plaintiff shall serve a copy of all further filings submitted to the Court upon
Defendants or, if an appearance has been entered by counsel for a
Defendant, on Defendant’s attorney(s).6 Plaintiff shall include with any
original paper filed with the Clerk of Court a certificate stating the date that
an exact copy of the document was mailed to each Defendant or
Defendant’s counsel. A Certificate of Service may be written in the following
form at the end of the document:
I hereby certify that a copy of the above (name of document)
was mailed, first class, U.S. mail, to (name of opposing party or
counsel) at (address) on (date).
(Signature)
Any paper received by a District Court Judge or Magistrate Judge that does
not include a Certificate of Service indicating that each defendant was
served with a copy of that document will be disregarded by the Court.
9. Each litigant is responsible for keeping a copy of each document filed with
the Court. When a litigant mails a document to the Court, the litigant will
receive a Notice of Electronic Filing (“NEF”) from the Court that will indicate
when that document was filed on the docket and the docket number of the
document. Copies of documents that have been filed with the Court may be
obtained from the Clerk’s Office for $0.50 per page. A party or member of
the public may also access court documents at the kiosk located at each
6 See Fed. R. Civ. P. 5.
Case 3:22-cv-00193-SLG Document 3 Filed 10/27/22 Page 6 of 8

Case No. 3:22-cv-00193-SLG; Humphrey v. U.S. F.B.I., et al.
Order Directing Service and Response
Page 7 of 8
Clerk’s office and print documents for $0.10 per page. In the event of special
circumstances or serious financial need, a party may file a motion asking for
the cost of copies to be waived or reduced.
10. No party shall have any ex parte communication with a District Court Judge
or Magistrate Judge of this Court about the merits of this action. This means
that parties cannot communicate with any judge without the presence and/or
knowledge and consent of the other parties. For example, Plaintiff shall not
write letters to, or call, a judge directly. Any request for action by the Court
during these proceedings must be filed with the Clerk of Court as a motion.
11. A motion should contain the information identified in the caption of this
Order and should be titled “Motion for (add the relief requested).” In a
motion, a party should state specifically and concisely what he or she wants
so that the Court understands what the party is requesting, along with any
relevant legal authority that supports the party’s request. This Court’s Local
Civil Rule 7.1(b) requires that each motion be filed with a proposed order
that the Court can issue if the motion is granted. The proposed order helps
to clarify what the moving party is asking the Court to do.
12. All documents filed with the Clerk of Court must contain an original
signature, and must be mailed to the Court at the following address:
U.S. District Court
222 West 7th Avenue, #4
Anchorage, Alaska 99513
Case 3:22-cv-00193-SLG Document 3 Filed 10/27/22 Page 7 of 8

Case No. 3:22-cv-00193-SLG; Humphrey v. U.S. F.B.I., et al.
Order Directing Service and Response
Page 8 of 8
13. The Clerk of Court is directed to send Plaintiff: (1) a copy of this order, (2)
eight AO 440 summons forms, (3) motion form PS12, and (4) a copy of the
Court’s pro se handbook, “Representing Yourself in Alaska’s Federal Court.”
DATED this 27th day of October, 2022, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
Case 3:22-cv-00193-SLG Document 3 Filed 10/27/22 Page 8 of 8