McMahon v. Commissioner of Social Security

Filing 9

ORDER explaining procedure for service by US Marshal Service. The Court hereby DIRECTS Plaintiff to resubmit his completed documents for service to the Clerk of Court as directed in document 5-3. In the alternative, Plaintiff's attorney may elect to serve Defendant himself, as permitted by the order granting Plaintiff's request to proceed in forma pauperis, document 4 . Order signed by Magistrate Judge Sandra M. Snyder on 3/3/2015. (Rooney, M)

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICKOLAS W. McMAHON,
Plaintiff,

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Case No. 1:15-cv-00043-SMS
ORDER EXPLAINING PROCEDURE
FOR SERVICE BY U.S. MARSHAL

v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.

(Doc. 8)

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Plaintiff Nickolas W. McMahon has filed the declaration of his attorney, Jared T. Walker,
reporting that the U.S. Marshal refused to service the summons and complaint in this case in

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compliance with the Instructions for Service of Social Security Appeals (Doc. 5-3) provided by the
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Clerk of Court. Mr. Walker's declaration reports that he forwarded the completed copies of the

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documents directly to the U.S. Marshal's service rather than returning them to the Clerk of Court as

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directed by the Instructions. Because of this error, the Court was unable to review the documents

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and issue its order directing service by the Marshal.

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Accordingly, the Court hereby DIRECTS Plaintiff to resubmit his completed documents for

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service to the Clerk of Court as directed in Document 5-3. In the alternative, Plaintiff's attorney may

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elect to serve Defendant himself, as permitted by the order granting Plaintiff's request to proceed in

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forma pauperis (Doc. 4).

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IT IS SO ORDERED.
Dated:

March 3, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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