Gibson v. Commissioner of Social Security

Filing 13

ORDER DIRECTING Plaintiff to Comply with the Instructions for Service of Social Security Appeals, signed by Magistrate Judge Jennifer L. Thurston on 8/28/2012. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 ) ) Plaintiff, ) ) v. ) COMMISSIONER OF SOCIAL SECURITY, ) ) ) Defendant. ) BEVERLY JEAN GIBSON, Case No.: 1:12-cv-00945 - JLT ORDER DIRECTING PLAINTIFF TO COMPLY WITH THE INSTRUCTIONS FOR SERVICE OF SOCIAL SECURITY APPEALS 16 17 On July 2, 2012, the Court ordered Plaintiff Beverly Jean Gibson (“Plaintiff”) to complete and 18 submit to the Court the “Notice of Submission of Documents in Social Security Appeal Form.” (Doc. 19 8 at 4). The instructions issued directed Plaintiff to provide the clerk’s office with the following 20 documents: 21 22 23 1. 2. 3. 4. The original Summons and five (5) copies of the Summons Five (5) copies of the Order directing service by the U.S. Marshal Five (5) copies of the Complaint One completed USM-285 form addressed to the Social Security Administration 24 However, Plaintiff failed to comply with these instructions. In addition to failing to complete the 25 forms required for service, Plaintiff attempted to supplement her complaint with additional exhibits 26 and documents not approved for service by the Court. Therefore, on July 20, 2012, the Court issued 27 an order instructing Plaintiff to comply with the instructions for service by providing the correct 28 number of copies of the documents identified above to the Clerk’s office. (Doc. 11). 1 1 Nevertheless, Plaintiff failed to comply with the instructions set forth in the Notice, or with the 2 Court’s order. Plaintiff failed to complete the USM-285 form and did not use the Summons issued by 3 the Court. Further, Plaintiff provided copies of only a portion of the First Amended Complaint, and 4 copies of other documents. The documents provided by Plaintiff failed to comply with the 5 instructions, and are insufficient for service. Once again, Plaintiff is instructed to provide copies of the documents identified above to the 6 7 Clerk’s Office, including: 8 1. 5 copies of the entire First Amended Complaint filed on June 28, 2012 (Doc. 7); 9 2. 5 copies of the order approving the document for service (Doc. 8); 10 3. 5 copies of the Summons issued on July 2, 2012 (Doc. 10); 11 4. A completed USM-285 form addressed to the Social Security Administration. 12 If Plaintiff fails to comply with this Order, the action will be dismissed for failure to obey 13 a court order pursuant to Local Rule 110. 14 15 IT IS SO ORDERED. 16 17 18 Dated: August 28, 2012 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE DEAC_Sig nature-END: 9j7khijed 19 20 21 22 23 24 25 26 27 28 2

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