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ALVARADO v. U.S.

No. CV 14-2066-TUC-LAB.

Mario Alvarado, Plaintiff, v. United States of America; U.S. Border Patrol Agent M. Jarmon N235, in his individual and official capacity; U.S. Border Patrol Agent R. Husted N422, in his individual and official capacity; and U.S. Border Patrol Agent A. Rowe N538, in his individual and official capacity, Defendants.

United States District Court, D. Arizona.

March 19, 2015.

Attorney(s) appearing for the Case

Mario Alvarado, Plaintiff, represented by Ashley Lynn Gilpin , Law Office of Paul Gattone & Paul Joseph Gattone , Law Office of Paul Gattone.

United States of America, Defendant, represented by J Cole Hernandez , US Attorneys Office.

M Jarmon, Defendant, represented by J Cole Hernandez , US Attorneys Office.

R Husted, Defendant, represented by J Cole Hernandez , US Attorneys Office.

A Rowe, Defendant, represented by J Cole Hernandez , US Attorneys Office.

ORDER

Pending before the court is the defendants' motion to dismiss pursuant to Fed.R.Civ.P 12(b)(5), filed on January 12, 2015, for failure to properly serve the United States. (Doc. 14) In the alternative, the defendants argue the complaint should be dismissed pursuant to Fed.R.Civ.P 12(b)(1) and 12...

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