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)

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

http://www.cand.uscourts.gov/prosehandbook.

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

http://www.cand.uscourts.gov/helpcentersf.

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