US District Court
District of South Carolina
United States of America )
Plaintiff ) No. 05cv2734-hmh
Robert Clarkson, individually )
And dba The Patriot Network ) Motion for Dismiss under Rule 4(m)
Pursuant to Rule 4(m) FRCivP, Defendant Robert Clarkson hereby files his Motion to Dismiss under Rule 4(m):
- The Government filed the complaint on September 21, 2005 and served Defendant Clarkson on October 17th 2005. The IRS is very emphatic that The Patriot Network is a separate entity from Robert Clarkson. If The Patriot Network is a separate entity, it needs to be served separately from Robert Clarkson and receive a separate copy of the summons and complaint from the process server.
- It is now almost undisputed that The Patriot Network did not receive service of process. Attached is a copy of the return of service form dated 9-29-05 from the US Marshall. Anyone can see that only one service of process is made even though a crude forgery was attempted, and service was upon Robert Clarkson individually.
- Rule 4 (m) provided “ if service of the summons and complaint is not made upon a defendant within an 120 days after the filing of the complaint, the court, upon motion, …shall dismiss the action…” Service has not been made upon defendant Patriot Network and the 120-day deadline has past. Therefore, this case should be dismissed or at least the Patriot Network dismissed from this case.
The Network has not been served, appears especially now and its appearance is subject to its previously filed Special Appearance.
Certificate of Service: I do hereby certify that on this date I mailed properly a copy of this pleading to opposing counsel by regular U.S. mail.
_________________________ Date: March 7, 2006
515 Concord Ave
Anderson, SC 29621