Becerra v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 11/6/15 ORDERING that No later than 1/1/16, Plaintiff shall also file with the court a brief statement indicating whether or not she consents to the jurisdiction of a United States Magistrate Judge for all purposes pursuant to 28 U.S.C. § 636(c). (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VELIA C. BECERRA,

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Plaintiff,

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No. 2:15-cv-0643-KJN

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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Plaintiff, proceeding without counsel, initially commenced this action seeking review of a

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denial of social security benefits on March 23, 2015, and paid the filing fee.1 The court’s record

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reflects that plaintiff was served with the summons and other process documents at the counter of

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the Clerk’s office. However, to date, there has been no further action in the case, and the

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Commissioner of Social Security has not yet appeared, which strongly suggests that the

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Commissioner was not properly served with process.
Under Federal Rule of Civil Procedure 4(m), “[i]f a defendant is not served within 120

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days after the complaint is filed, the court—on motion or on its own notice to the plaintiff—must

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dismiss the action without prejudice against that defendant or order that service be made within a

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This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(15).

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specified time.” Fed. R. Civ. P. 4(m). In light of plaintiff’s pro se status and the court’s desire to

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resolve the action on the merits, the court finds it appropriate to grant plaintiff a reasonable

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extension to properly serve the Commissioner with process, as outlined below.

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Additionally, the court’s records show that plaintiff has not yet indicated, in accordance

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with the court’s March 23, 2015 order, whether or not she consents to the jurisdiction of a United

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States Magistrate Judge for all purposes pursuant to 28 U.S.C. § 636(c). Plaintiff is under no

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obligation to so consent, but the consent/decline designation merely assists the court in

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determining how the action should be processed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court shall serve an additional set of copies of the summons and social

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security case documents (ECF Nos. 2, 3, 3-1, 3-2) on plaintiff along with this order.

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2. Plaintiff shall complete service of process on the Commissioner of Social Security no

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later than January 1, 2016. Service of process shall be accomplished by serving the

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complaint, summons, and social security case documents received from the Clerk of

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Court (collectively, the “process documents”) on the following three entities:

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(a) The United States attorney for the district where the action is brought, i.e., the

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United States Attorney for the Eastern District of California (with an address of

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501 I Street, Suite 10-100, Sacramento, CA 95814), by delivering copies of the

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process documents or sending copies of the process documents by registered or

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certified mail [Fed. R. Civ. P. 4(i)(1)(A)]; and

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(b) The Attorney General of the United States at Washington, D.C. (with an address of

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950 Pennsylvania Avenue, NW, Washington, DC 20530-0001), by sending copies

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of the process documents by registered or certified mail [Fed. R. Civ. P.

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4(i)(1)(B)]; and

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(c) The Commissioner of Social Security, Office of General Counsel, Region IX

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(with an address of 160 Spear Street, Suite 800, San Francisco, CA 94105-1545)

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by sending copies of the process documents by registered or certified mail [Fed. R.

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Civ. P. 4(i)(2)].
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3. No later than January 1, 2016, plaintiff shall also file with the court a brief statement

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indicating whether or not she consents to the jurisdiction of a United States Magistrate

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Judge for all purposes pursuant to 28 U.S.C. § 636(c).

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4. Failure to timely comply with this order may result in dismissal of the action pursuant
to Federal Rules of Civil Procedure 4(m) and 41(b).
IT IS SO ORDERED.
Dated: November 6, 2015

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