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Blankenship v. Palacios
July 13, 2007
MARY REGINA BLANKENSHIP PLAINTIFF
v.
JOSE PALACIOS DEFENDANT
The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge
Pending are Plaintiff's Motions for Ruling to Determine Sufficiency of Service of Process (Doc. Nos. 16 and 17). Defendant has responded (Doc. No. 18).
Plaintiff's maintains that service has been perfected by Mike Tschiemer, who tried to serve Defendant only for Defendant to refuse to accept service. In support of her motion, Plaintiff cites to an Affidavit of Service of Mr. Tschiemer. No such affidavit is attached to any of Plaintiff's pleadings. Service of process cannot be determined from the facts presented. Accordingly, Plaintiff's Motions are DENIED. By Order entered on April12, 2007, Plaintiff has until August 1, 2007 to perfect service.
IT IS SO ORDERED this 13th day of July, 2007.
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