Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES — GENERAL

Case No. 5:25-cv-03081-AH-(DTBx) Date May 21, 2026

Title James R. Hefflin v. United States Merit Systems Protection Board et al.

Present: The Honorable Anne Hwang, United States District Judge

Yolanda Skipper —__———NotReported

Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s):

None Present None Present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

On November 17, 2025, Plaintiff James R. Hefflin (“Plaintiff”) filed a

Complaint, Dkt. No. 1, and on April 12, 2026, Plaintiff filed a First Amended

Complaint (“FAC”) against Defendants United States Merits Systems Protection

Board, Sarah Snyder in her official capacity as Chief Administrative

Judge/Attorney Examiner, and Cristoph Riddle in his official capacity as

Administrative Judge/Attorney Examiner (“Defendants”). Dkt. No. 15. On April

23, 2026, Plaintiff filed a Proof of Service containing declarations that each

defendant was served with the summons and FAC.

The Court finds that the Proof of Service is deficient. “A federal court does

not have jurisdiction over a defendant unless the defendant has been served

properly under” Federal Rule of Civil Procedure 4. Direct Mail Specialists, Inc. v.

Eclat Computerized Techs., Inc., 840 F.2d 685, 688 (9th Cir. 1988).

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.

Fed. R. Civ. P. 4(i)(2).

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

(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.

Fed. R. Civ. P. 4(i)(1).

Plaintiff has failed to put forth evidence demonstrating satisfaction of Rule

4(i)’s requirements. Accordingly, the Court, on its own motion, orders Plaintiff to

show cause in writing within fourteen (14) days of this Order why this action

should not be dismissed for lack of proper service. Failure to do so will result in

the dismissal of this action without prejudice. As an alternative to a written

response by Plaintiff, the Court will consider the filing of one of the following as

an appropriate response to this Order to Show Cause, on or before the above date,

as evidence that the matter is being prosecuted diligently:

• A renewed Proof of Service setting forth compliance with Rule 4; or

• A response to the FAC by Defendants.

IT IS SO ORDERED.