Charles Edward Puett v. Blandford, Sgt., Federal Park Police Newton Sikes Tom Girard John Girard

Charles Edward Puett, an incarcerated state prisoner, appeals pro se from an order of the United States District Court for the District of Nevada dismissing his civil rights action for failure to effect service of the summons and complaint as required by Federal Rule of Civil Procedure 4(j). For the reasons stated below, we vacate the district court’s order and remand for service by the United States Marshal in accordance with the provisions of Rule 4 of the Federal Rules of Civil Procedure.

BACKGROUND

On February 19, 1988, appellant Charles Puett filed pro se, in the United States District Court for the District of Nevada, a civil rights complaint against federal officials pursuant to 42 U.S.C. § 1983 . Puett also filed a motion to proceed in forma pauperis. The court granted Puett leave to proceed in forma pauperis but dismissed the complaint with leave to amend because § 1983 pertains to state not federal agents.

Puett then brought a Bivens action in an amended complaint filed on March 2, 1988. The amended complaint alleged that federal agents and two private individuals acted together to violate Puett’s Fourth Amendment rights by impounding his possessions without a warrant…