Cleveland v. Commissioner of Social Security

Filing 20

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/31/12 DISREGARDING 19 Summons Returned Executed. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN A. CLEVELAND,
Plaintiff,

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No. 2:11-cv-0435 EFB

vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,

ORDER

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Defendant.
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On May 5, 2011, the court ordered plaintiff to, within 14 days, submit documents for

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service of process to the United States Marshal, and to file a statement with the court that said

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documents had been submitted. Dckt. No. 3. Although plaintiff was provided numerous

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opportunities to comply with the court’s May 5 order, he ultimately failed to file a statement

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indicating that he had submitted the required documents to the United States Marshal. The court

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therefore dismissed this action for failure to prosecute. Dckt. No. 17. The case was closed and

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judgment was entered on August 28, 2012. Dckt. Nos. 17, 18. On September 14, 2012, after

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judgment had been entered, the United States Marshal filed a document indicating that the

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United States Marshal served process on the United States Attorneys’ Office and the Office of

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Regional Chief Counsel for the Social Security Administration. Dckt. No. 19.
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As judgment was entered on August 28, 2012, and plaintiff has not filed a motion for

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relief from judgment pursuant to Rule 60 of the Federal Rules of Civil Procedure, the court

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disregards the United States Marshal’s September 14, 2012 filing.

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It is so ordered.
Dated: October 31, 2012.

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