Robinson v. Astrue

Filing 11

ORDER ADDRESSING SERVICE OF PROCESS. Signed by Judge Claudia Wilken on 4/18/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 4/18/2013)

Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 MARY CHARLES ROBINSON, 5 6 7 8 Plaintiff, United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER ADDRESSING SERVICE OF PROCESS v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant. 9 10 No. C 12-5668 CW ________________________________/ Plaintiff Mary Charles Robinson initiated the instant case on November 5, 2012. Accordingly, pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff was required to serve Defendant Michael Astrue, Commissioner of Social Security, within 120 days of November 5, 2012, or by March 5, 2013. On March 5, 2013, Plaintiff filed a motion for entry of default. Docket No. 5. She also filed a Certificate of Service in which she stated that she had served the summons and complaint on Defendant by sending it on November 15, 2013 via Federal Express to the Social Security Administration’s Office of the General Counsel, Chief Counsel for Region IX in San Francisco. Docket No. 6. The Clerk thereafter declined to enter default against Defendant. Docket No. 9. The Court notes that Plaintiff has not properly served Defendant in this action. Plaintiff is directed to review Federal Rule of Civil Procedure 4(i)(1) and (2), which govern service upon the United States and an agency, officer or employee of the United States sued in its official capacity. Plaintiff is also reminded 1 that service may not be carried out by anyone who is a party to 2 the case, pursuant to Federal Rule of Civil Procedure 4(c)(2). 3 The Court extends the deadline for Plaintiff to serve 4 Defendant properly until two weeks from the date of this Order. 5 By that date, Plaintiff shall also file proof that she has 6 effectuated service timely and properly or a motion for an 7 extension of time within which to complete service, provided that 8 she is able to provide good cause for her failure to serve 9 Defendant within the time already allowed. Plaintiff is warned United States District Court For the Northern District of California 10 that failure to comply with the terms of this Order will result in 11 dismissal of her case for failure to prosecute. 12 For rules and instructions on how to serve these documents 13 properly, Plaintiff should also consult the Court’s guide for pro 14 se litigants, Representing Yourself in Federal Court: A Handbook 15 for Pro Se Litigants, which is available free of charge from the 16 Clerk’s office and may be downloaded from the Court’s website at 17 18 consult the Legal Help Center, a free service offered by the Bar 19 Association of San Francisco. 20 Help Center can be obtained from the Court’s website at 21 22 Plaintiff may wish to Information regarding the Legal IT IS SO ORDERED. 23 24 25 Dated: 4/18/2013 CLAUDIA WILKEN United States District Judge 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?