Hungry,

I didn’t see the clerks comment, but he is right in saying 4E isn’t the same as 4I . The point is 4I DOES NOT apply in this case. 4I calls for :

(2)Agency; Corporation; Officer or Employee Sued in an Official Capacity.

(3) Officer or Employee Sued Individually

Now under (3):

To serve a United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf

He is not being sued for an ACT in connection with DUTIES PERFORMED on the United States ‘behalf nor is he being sued in an official capacity as in (2)

He is being sued as an individual itself. Therefore, only Rule 4e applies.
From the lawsuit itself :

Alan Keyes, PhD., Wiley S. Drake, and Markham Robinson,

Plaintiffs

v.

Barack H. Obama, a/k/a Barack H. Obama, II a/k/a Barry Obama, a/k/a Barry Soetoro; Condoleeza Rice, in her capacity as Secretary of State; Robert Mueller, in his capacity as Director of the Federal Bureau of Investigation; and Michael W. Hager, in his capacity as Acting Director, Office of Personnel Management; and DOES 1-100

Notice he is NOT being sued in his official capacity. The lawsuit is based on the executive order issued by President George w. Bush on the 01.16.09. The executive order provides for Reciprocity and Reinvestigation of Individuals in positions of public trust.

THEREFORE, the Clerk once again is FULL OF IT. This clerk should actually READ the lawsuit he is making judgements on.