Goldstein v. Colvin

Filing 13

ORDER by Magistrate Judge Howard R. Lloyd denying 7 Motion for Judgment on the Pleadings; denying 9 , 10 Motions for Reversal Order. Plaintiff given until 5/30/2014 to properly effect service. (hrllc2, COURT STAFF) (Filed on 4/21/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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STEVEN M. GOLDSTEIN,

Case No. 5:13-cv-03504 HRL

Plaintiff,
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ORDER DENYING MOTIONS FOR
JUDGMENT AND FOR REVERSAL
ORDER

v.
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CAROLYN W. COLVIN, Commissioner of
the Social Security Administration and the
Social Security Administration,
Defendants.

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[Re: Dkt. Nos. 7, 9, 10]

Pro se plaintiff Steven M. Goldstein filed this action, seeking judicial review of a Social

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Security Administration decision re benefits. Pending before the court is his “Rule 12 Motion for

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Judgment on the Pleadings” in which he says he is entitled to judgment because defendants failed

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to respond to his complaint. (Dkt. 7). Plaintiff subsequently filed a “Motion for Hearing, Amend,

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and Request for Reversal Order Issued to The Social Security Administration” (Dkt. 9), followed

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several weeks later by a second “Motion for Hearing, Amend, and Request for Reversal Order

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Issued to The Social Security Administration” (Dkt. 10). These latter two motions argue that

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plaintiff is entitled to judgment on the merits and appear to be an effort by plaintiff to supplement

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his first motion.

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Having reviewed plaintiff’s motions and the record in this case, this court concludes that

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all of the motions should be denied because service has not been properly effected. 1 The record

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presented indicates that plaintiff prepared a single summons directed only to “Social Security

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Administration Office of the General Counsel” at an address in San Francisco, California and then

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sent the complaint and summons by certified mail to that address and to the U.S. Attorney General

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at an address in Washington, D.C. (Dkt. 4). That does not satisfy the requirements for service

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under Fed. R. Civ. P. 4(i). Among other things, there is no indication that plaintiff served a

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summons and complaint on “the United States attorney for the district where the action is brought

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. . ..” Fed. R. Civ. P. 4(i)(1)(A)(i). Inasmuch as the time for service has expired, plaintiff will be

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given additional time until May 30, 2014 in which to properly effect service on defendant. Fed. R.

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Civ. P. 4(m).
As for plaintiff’s second and third motions, they were not properly noticed in compliance

United States District Court
Northern District of California

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with Civil Local Rule 7-2(a). Moreover, unless the court orders otherwise, matters brought for

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judicial review of administrative decisions by the Social Security Administration are deemed

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submitted for decision without oral argument. (Dkt. 2, Procedural Order for Social Security

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Review Actions). In any event, it would be premature to enter judgment on the merits before

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defendants properly have been served.
To the extent he has not already done so, plaintiff is strongly encouraged to contact the

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Federal Legal Assistance Self-Help Center (FLASH), located on the second floor of the Federal

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Courthouse in San Jose. Appointments with FLASH may be made by signing up at the Center or

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by calling 408-297-1480. 2

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SO ORDERED.

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Dated: April 21, 2014

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______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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Contrary to plaintiff’s assertions, the filing of his executed summons (Dkt. 4) was a perfunctory
act by the Clerk’s Office and not an indication that the court had actually considered the propriety
of service.
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Additionally, plaintiff is admonished to stop calling chambers with respect to matters pending
before the court. See, e.g., Civ. L.R. 11-4(c).
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5:13-cv-03504-HRL Notice has been electronically mailed to:
Steven Michael Goldstein

[e-mail]

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United States District Court
Northern District of California

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