United States District Court, N.D. Mississippi, Oxford Division
MEMORANDUM OPINION AND ORDER
M. BROWN, UNITED STATES DISTRICT JUDGE.
real property case is before the Court on the motion to
dismiss of U.S. Bank National Association, as Trustee for
Structured Asset Securities Corporation Mortgage Pass-Through
Certificates, Series 2006-W1 (“U.S.
Bank”). Doc. #5.
April 3, 2017, Azez Weslin Ellis, Jr., purporting to act on
behalf of his “Estate, ” filed a complaint
against U.S. Bank in the Chancery Court of DeSoto County,
Mississippi. Doc. #2.
by no means clear, the complaint asserts claims related to
foreclosure proceedings on property allegedly owned by Ellis.
U.S. Bank removed the state court action to this Court on
April 25, 2017. Doc. #1. Approximately a week later, U.S.
Bank filed a motion to dismiss. Doc. #5.
did not respond to the motion.
Bank's motion to dismiss seeks dismissal of Ellis'
claims for failure to state a claim, under Federal Rule
12(b)(6); and for insufficient service of process, under Rule
Rule of Civil Procedure 12(b)(5) provides for dismissal of a
claim if service of process was not timely made in accordance
with Federal Rule of Civil Procedure 4 or was not properly
served in the appropriate manner.” Thomas v. New
Leaders for New Sch., 278 F.R.D. 347, 349-50 (E.D. La.
2011). “A district court … has broad discretion
to dismiss an action for ineffective service of
process.” Kreimerman v. Casa Veerkamp, S.A. de
C.V., 22 F.3d 634, 635 (5th Cir. 1994).
4(h) governs the service of associations, like U.S. Bank.
Rule 4(h) requires that for service “in a judicial
district of the United States” to be valid, the service
must be accomplished (1) in compliance with the “state
law for serving a summons in an action brought in courts of
general jurisdiction in the state where the district court is
located or where service is made;” or (2) “by
delivering a copy of the summons and of the complaint to an
officer, a managing or general agent, or any other agent
authorized by appointment or by law to receive service of
process and--if the agent is one authorized by statute and
the statute so requires--by also mailing a copy of each to
the defendant.” Fed.R.Civ.P. 4(e), (h). “When
service of process is ...