Attorney Taitz has indicated in subsequent briefings that the federal governmentofficials here are sued in both their official and individual capacity. Docket no. 73 at 3.
II. Service of Process and Personal Jurisdiction
Personal jurisdiction over a defendant is a prerequisite which must be satisfiedbefore a court is warranted in issuing a default judgment against that party.
See AetnaBusiness Credit, Inc. v. Universal Decor & Interior Design, Inc.
, 635 F.2d 434, 435-36(5
Cir. Unit A Jan. 1981). In order for the court to obtain such jurisdiction, thedefendant must have been properly served with process.
. To serve a federal officer in his or her official capacity, a plaintiff must complywith Fed.R.Civ.P. 4(i)(2).
This rule requires that the plaintiff serve both the UnitedStates and the official being sued. Service of process, therefore, requires the plaintiff toserve a summons and a complaint on the defendant “officer or employee, the UnitedStates Attorney or Assistant United States attorney for the district in which the action isbrought, and the Attorney General of the United States in Washington, D.C.”
Fed.R.Civ.P. 4(i)(1) and (2) state:(1)
. 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 forthe district where the action is brought--or to an assistant United States attorney orclerical employee whom the United States attorney designates in a writing filed with thecourt clerk--or(ii) send a copy of each by registered or certified mail to the civil-process clerk at theUnited States attorney's office;(B) send a copy of each by registered or certified mail to the Attorney General of the UnitedStates at Washington, D.C.; and(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 UnitedStates agency or corporation, or a United States officer or employee sued only in an officialcapacity, a party must serve the United States and also send a copy of the summons and of thecomplaint by registered or certified mail to the agency, corporation, officer, or employee.
Case 3:12-cv-00280-HTW-LRA Document 93 Filed 02/19/13 Page 3 of 6