Castillo v. Astrue

Filing 11

ORDER SETTING SERVICE DEADLINE. Signed by Judge Maria-Elena James on 12/14/2011. (cdnS, COURT STAFF) (Filed on 12/14/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 Northern District of California 7 8 IRIS DEL CARMEN CASTILLO, 9 Plaintiff, No. C 10-4407 MEJ ORDER RE: SERVICE v. 10 SOCIAL SECURITY COMMISSIONER, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Defendant. _____________________________________/ 13 14 On September 30, 2010, Plaintiff Iris Del Carmen Castillo filed the above-captioned case, 15 seeking review of a decision by the Secretary of Health and Human Services denying Social 16 Security benefits. On April 28, 2011, finding no indication that Defendant had been served, the 17 Court ordered Plaintiff to file a status report by May 19, 2011. Dkt. No. 3. In her report, filed on 18 May 17, Plaintiff stated that she “erroneously believed that the Court clerk would serve her 19 complaint on the Defendant.” Dkt. No. 4. Plaintiff further stated that, upon receipt of the Court’s 20 status order, she mailed her Complaint with a request for waiver of service on May 13. Id. Based 21 on Plaintiff’s report, the Court permitted the case to proceed. Dkt. No. 6. 22 Since that time, the Clerk of Court issued a summons on July 29 (Dkt. No. 7) and Plaintiff 23 requested that the Clerk enter default against Defendant (Dkt. No. 8). Finding that no proof of 24 service had been filed, the Clerk declined to enter default. Dkt. No. 10. This case has now been 25 pending for over 14 months, and there is still no indication that Defendant has been served. 26 Pursuant to Federal Rule of Civil Procedure 4(m), “If a defendant is not served within 120 days after 27 the complaint is filed, the court–on motion or on its own after notice to the plaintiff–must dismiss 28 the action without prejudice against that defendant or order that service be made within a specified 1 time.” Accordingly, the Court ORDERS Plaintiff to complete service of process by January 12, 2 2012. Failure to comply with this Order may result in the dismissal of her case. 3 IT IS SO ORDERED. 4 5 Dated: December 14, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 6 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 IRIS DEL CARMEN CASTILLO, Case Number: CV10-4407 MEJ 4 Plaintiff, 5 CERTIFICATE OF SERVICE v. 6 SOCIAL SECURITY COMMISSIONER et al, 7 Defendant. 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 14, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 13 14 15 Iris Del Carmen Castillo 769 Cinnamon Court Hayward, CA 94544 16 17 18 Dated: December 14, 2011 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 3

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