LAMBERT v. COLVIN
ORDER re Plaintiff's 3 MOTION for Leave to Proceed in forma pauperis is GRANTED. Clerk directed to send prepared summons, four certified copies of this order, copies of complaint, and prepared USM 285 forms to USMS for service. Signed by MAGISTRATE JUDGE GARY R JONES on 2/22/2013. (jws)(Copies to USMS as directed.)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
CASE NO. 1:13-cv-37-SPM-GRJ
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
This matter is before the Court on Plaintiff’s complaint for judicial review of the
final decision of the Commissioner (Doc. 1) and motion to proceed in forma pauperis
with financial affidavit. (Doc. 3). The Court has reviewed the financial affidavit and finds
that the Plaintiff is unable to pay the costs of this action pursuant to 28 U.S.C. §
1915(a) and therefore leave to proceed in forma pauperis is due to be granted.
As a defendant, Plaintiff has named the Commissioner of the Social Security
Administration. Pursuant to Fed. R. Civ. P. 4(c)(3), because the Court has granted
Plaintiff’s request for leave to proceed as a pauper, the Court will order the United
States Marshal to serve the Commissioner of Social Security, the United States
Attorney for this district and the Attorney General of the United States as required under
Fed. R. Civ. P. 4(i).
Accordingly, it is ORDERED:
1. Leave to proceed in forma pauperis is hereby GRANTED.
2. The clerk of court is directed to send the prepared summons, four certified
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copies of this order, the service copies of the complaint, and the prepared USM 285
forms to the United States Marshal. The United States Marshal shall serve a copy of
the complaint and summons upon the named defendant and the United States Attorney
and the Attorney General of the United States.
3. The Marshal shall serve the Commissioner of the Social Security
Administration, and the office of the United States Attorney for this District by sending
copies of the summons and complaint via certified mail to the Attorney General of the
United States, to the United States Attorney for the Northern District of Florida, and to
the Commissioner of the Social Security Administration.
4. If after 25 days from the mailing of the summons and complaint, the
defendant has not returned a written acknowledgment of service, the Marshal shall so
notify the Plaintiff. Plaintiff shall then send the Marshal an identical copy of the
complaint for the Defendant who has not acknowledged service. Upon receipt of these
service copies, the Marshal shall personally serve that Defendant, and subsequently
file with the clerk the return of service.
DONE AND ORDERED this 22nd day of February, 2013.
s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge
Case No: 1:13-cv-37-SPM-GRJ