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Holkesvig v. Hutton

Supreme Court of North Dakota

March 19, 2015

Randy Holkesvig, Plaintiff and Appellant
v.
Kelly Hutton, Lori Martinez, Lori Troyer, Lisa Moen, 2 un-named Civil Clerks at GF Courthouse in their individual and official capacities, Rebecca Absey, Clerk of District Court, in her individual and official capacity, Merylee Castellanos, Grand Forks County District Court Administrator, in her individual and official capacity, Sally Holewa, State Court Administrator, in her individual and official capacity, Penny Miller and Petra Hulm, North Dakota Supreme Court Clerk and Deputy Clerk, Defendants and Appellees

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Allan L. Schmalenberger, Judge.

Randy Holkesvig, Fargo, N.D., plaintiff and appellant; on brief.

Douglas A. Bahr, Solicitor General, Bismarck, N.D., defendants and appellees; on brief.

Gerald W. VandeWalle, C.J., Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom.

OPINION

Per Curiam.

[¶1] Randy Holkesvig appeals from a judgment dismissing without prejudice his complaint against several state court employees for insufficient service of process under N.D.R.Civ.P. 4. We hold Holkesvig failed to comply with the requirements for service of process upon the state under N.D.R.Civ.P. 4(d)(2)(F) and Sanderson v. Walsh Cnty., 2006 ND 83, 712 N.W.2d 842, ¶ ¶ 14-18 by " delivering" a copy of the summons. We affirm under N.D.R.App.P. 35.1(a)(7).

[¶2] Gerald W. VandeWalle, C.J., Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom.


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