Dearman v. Astrue

Filing 16

ORDER Granting in part and Denying in part 15 Plaintiff's Motion to Serve Party with Summons and Complaint. IT IS FURTHER ORDERED that The Clerk of Court shall deliver the original summons and complaint to the U.S. Marshal for service on the United States Attorney for the District of Nevada. Signed by Magistrate Judge Carl W. Hoffman on 01/08/2013. (Copies have been distributed pursuant to the NEF - CC: Docs 4 and 5 to USMS for service - AC)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 MICHAEL W. DEARMAN, 10 11 12 13 14 15 ) ) Plaintiff, ) ) vs. ) ) MICHAEL J. ASTRUE, ) COMMISSIONER OF SOCIAL ) SECURITY ADMINISTRATION, ) ) Defendant. ) ____________________________________) Case No. 2:12-cv-01642-JCM-CWH ORDER 16 This matter is before the Court on Plaintiff’s Motion to Serve Party with Summons and 17 Complaint (#15), filed December 27, 2012. Plaintiff is proceeding in forma pauperis and is entitled to 18 rely upon the United States Marshal for service of the summons and complaint. In its order granting in 19 forma pauperis status, the Court ordered the Clerk of Court to issue summons to the United States 20 Attorney for the District of Nevada and deliver the summons and complaint to the United States 21 Marshal for service. (#3). The summons was issued on October 22, 2012. (#5). Having not received 22 confirmation that the United States Marshal completed service on the United States Attorney for the 23 District of Nevada, Plaintiff now requests that the Clerk issue a new summons for service along with 24 the complaint. Instead of reissuing summons, the Clerk of Court is instructed to deliver a copy of the 25 original summons, complaint, and this order to the United States Marshal for service upon the United 26 States Attorney for the District of Nevada. Accordingly, 27 28 IT IS HEREBY ORDERED that Plaintiff’s Motion to Serve Party with Summons and Complaint (#15) is granted in part and denied in part. IT IS FURTHER ORDERED that The Clerk of Court shall deliver the original summons and 1 2 complaint to the U.S. Marshal for service on the United States Attorney for the District of Nevada. Dated this 8th day of January, 2013. 3 4 5 ________________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2