Martin v. Commissioner of Social Security Administration et al

Filing 29

ORDER, the Clerk of the Court shall dismiss Defendants Baum and Sessions from the case and close it. Signed by Senior Judge David C Bury on 6/12/18. (KAH)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Fred H Martin, Jr., No. CV-17-00444-TUC-JR Plaintiff, 10 11 v. 12 Commissioner Administration, ORDER 13 15 17 18 19 20 21 22 23 24 25 26 27 28 Social Security Defendant. 14 16 of Plaintiff and Defendant, the Acting Commissioner of Social Security, having agreed to the jurisdiction of Magistrate Judge Rateau, she ruled for Defendant. On June 5, 2018, the Clerk of the Court entered Judgment for the Commissioner. Two Defendants remain: Jeff Sessions and Peter Baum. The Court has reviewed the record. Defendant Baum was never served in this case. There are no allegations in the Complaint against Defendant Sessions, the United States Attorney General. The Court believes he may have been named out of an abundance of caution based on Federal Rule Civil Procedure, Rule 4(i)(B), which requires a copy of the summons and complaint to be sent by registered or certified mail to him. There is no requirement to name the United States Attorney General in the Complaint; he was, as required, been served. The Plaintiff’s claim has been denied on the merits. /// /// 1 Accordingly, 2 IT IS ORDERED that the Clerk of the Court shall dismiss Defendants Baum and 3 4 Sessions from the case and close it. Dated this 12th day of June, 2018. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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