George v. Commissioner of Social Security

Filing 9

ORDER signed by Magistrate Judge Dennis L. Beck on 9/4/2009 discharging 7 Order to Show Cause and granting Plaintiff 30-days to complete service. (Filing Deadline: 10/7/2009). (Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On December 17, 2008, Plaintiff, proceeding pro se and in forma pauperis, filed the present 18 action for judicial review of the denial of Social Security benefits. 19 On July 31, 2009, the Court issued an Order to Show Cause why the action should not be 20 dismissed for Plaintiff's failure to properly serve the complaint pursuant to Federal Rule of Civil 21 Procedure 4(i). 22 Plaintiff filed his response on July 31, 2009. In his response, he attached documentation 23 showing that he properly served the Attorney General and Social Security Administration, Office of 24 General Counsel, by certified mail on April 17, 2009. The documentation also shows that service 25 was accepted by both entities on April 21, 2009. 26 27 28 1 ) ) ) ) ) Plaintiff, ) ) vs. ) ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) ) Defendant. ) ____________________________________) WALLACE PAUL GEORGE, 1:08cv1928 DLB ORDER DISCHARGING ORDER TO SHOW CAUSE (Document 7) ORDER GRANTING PLAINTIFF THIRTY DAYS TO COMPLETE SERVICE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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However, and perhaps based on erroneous information, Plaintiff improperly served the United States District Attorney for the Eastern District of California by using standard mail, rather than certified or registered mail. Rule 4(i)(1)(A) states that service on the United States attorney for the district where the action is brought must be made either personally or by registered/certified mail. Plaintiff has demonstrated that he has properly served two of the three necessary entities and earnestly attempted service on the third. Therefore, the Court DISCHARGES the Order to Show Cause. Plaintiff will be granted an additional thirty (30) days to complete service on the United States Attorney for the Eastern District of California by certified or registered mail.

IT IS SO ORDERED. Dated: 3b142a

September 4, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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