Below is the text of the signed letter whose imaged pages
(including the exhibits)
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Alan P. Petrofsky 3618 Alameda Apt 5 Menlo Park CA 94025 October 30, 2005 BY CERTIFIED MAIL, ARTICLE NUMBER 7005 1160 0004 0082 1092 Markus B. Zimmer, Clerk United States District Court, District of Utah 350 S Main St Salt Lake City UT 84101 Re: Merkey v. Perens et al., 2:05CV521DAK-SA, and the "United States District Court DISTRICT OF". Dear Mr. Zimmer: Enclosed please find a copy of a document dated August 23, 2005. It was included with a "Request For Waiver of Service For Summons" that I received by certified mail, from Jeffrey Vernon Merkey, on August 30. At the top of the document is written "United States District Court DISTRICT OF". It later states that I am required to perform two actions: (1) serve an answer upon "name and address"; (2) file the answer with "the Clerk of this Court". None of the names of the ninety-four United States District Courts are written anywhere on the document, nor is the address of any clerk. The only state that even has its abbreviation written anywhere on the document is California. This document is clearly not a summons in the form prescribed by Fed. R. Civ. P. Rule 4(a), most notably because it does not "identify the court" that would be doing the summoning. It also does not "state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff". By this letter, I am not requesting any action or response. I am merely bringing the document to your attention, because I recently learned that Merkey may believe that my receipt of the document constituted service of a summons for a case in your district: Merkey v. Perens et al., 2:05CV521DAK-SA. (In Merkey's last communication to me about process, an email dated September 13, he was still inquiring about his waiver request; and on September 27, he dismissed the action, without ever having filed an affidavit that a summons had been served. However, I have now received a copy of a memorandum dated October 20, in which Merkey claims, for the first time, that a summons was served on August 30.) I will continue to assume that if the District of Utah should ever wish to summon me, then I will be served with a summons that identifies itself as having been issued by the District of Utah. Yours truly, Alan P Petrofsky enclosures: copies of: a document from "United States District Court DISTRICT OF", dated August 23, 2005; my letter to Merkey dated September 6; and an email from Merkey dated September 13. cc: Jeffrey Vernon Merkey, 1058 E 50 S, Lindon UT 84042, by Certified Mail, article number 7005 1160 0004 0082 1108.
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