Benson v. Social Security Administration

Filing 3

ORDER giving pltf up to and including 5/31/11 to serve deft Michael J. Astrue with a summons and copy of complaint and to make that fact known by filing the appropriate document. Signed by Magistrate Judge H. David Young on 5/9/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

CHERYL BENSON

v.

PLAINTIFF

NO. 3:11CV00003 HDY

MICHAEL J. ASTRUE, Commissioner
of the Social Security Administration

DEFENDANT

ORDER
Plaintiff Cheryl Benson (“Benson”) commenced this proceeding on January 5, 2011,
by filing the complaint at bar. Save a document reflecting that the parties consented to
the undersigned, the record contains nothing else. F.R.C.P. 4(m) provides, in part, that
“[i]f a defendant is not served within 120 days after the complaint is filed, the court–on
motion or on its own after notice to the plaintiff–must dismiss the action without
prejudice against that defendant or order that service be made within a specified time.”
Benson is given up to, and including, May 31, 2011, to serve defendant Michael J. Astrue
(“Astrue”) with a summons and copy of the complaint and to make that fact known by
filing the appropriate document. In the event she fails to serve Astrue with a summons
and copy of the complaint, and to make that fact known by filing the appropriate
document, the Court will dismiss the complaint.

IT IS SO ORDERED this ____9____ day of May, 2011.

___________________________________________
UNITED STATES MAGISTRATE JUDGE

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