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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Fred H Martin, Jr.,

No. CV-17-00444-TUC-JR

Plaintiff,

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v.

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Commissioner
Administration,

ORDER

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Social

Security

Defendant.

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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.
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Accordingly,

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IT IS ORDERED that the Clerk of the Court shall dismiss Defendants Baum and

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Sessions from the case and close it.
Dated this 12th day of June, 2018.

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