Campbell v. Social Security Administration Commissioner

Filing 10

ORDER denying 9 Motion for Ruling on the Clerk. Further directing plaintiff to provide summons as to each defendant so that they may be issued by the clerk. Signed by Honorable James R. Marschewski on June 8, 2010. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION

LARRY O. CAMPBELL v. CIVIL NO. 09-3074

PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration ORDER

DEFENDANT

On November 12, 2009, Plaintiff submitted a complaint and a motion to proceed in forma pauperis for filing in this district. (Docs. # 1-2). On November 25, 2009, Plaintiff's motion to proceed in forma pauperis was denied and he was directed to tender the filing fee on or before December 8, 2009. (Doc. # 6). Plaintiff failed to submit the filing fee within the time permitted by the court. Subsequently, the Honorable James R. Marschewski recommended that the case be dismissed for failure to obey a court order. (Doc. # 7). On December 10, 2009, Plaintiff tendered the filing fee. As a result, the Honorable Jimm Larry Hendren did not approve the Report and Recommendation and considered the complaint properly filed as of February 16, 2010. (Doc. # 8). On June 4, 2010, Plaintiff filed a Motion for Ruling on the Clerk. (Doc. # 9). In his motion, Plaintiff states that the clerk did not issue a summons to each defendant pursuant to Rule 4(b) of the Federal Rules of Civil Procedure. However, we have no record that any summonses were ever received by the clerk's office.1 Counsel has the responsibility to provide the court with summonses in the proper form before they can be issued by the clerk. See Fed. R. Civ. P. 4(b). As such, Plaintiff

W h e n a complaint is provisionally filed in this district, the clerk returns the in forma pauperis application a s well as any summons(es) provided by counsel. It is counsel's duty to re-submit any summons(es) when the c o m p la in t is formally filed.

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is directed to provide a summons as to each defendant so that they may be issued by the clerk. Accordingly, Plaintiff's motion is DENIED. IT IS SO ORDERED this 8th day of June 2010.

/s/ J. Marschewski
H O N . JAMES R. MARSCHEWSKI C H IE F U.S. MAGISTRATE JUDGE

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