Larsen v. Colvin
REPORT AND RECOMMENDATION re 6 MOTION for Entry of Default; 10 MOTION for Order filed by Christopher Michael Larsen. The Court Recommends that Larsen's motion for a default judgment be Denied. The Court Recommends that Larsen's extension motion be Granted and that the time for service be extended for an additional 30 days from the District Judge's ruling on this matter. Signed by Magistrate Judge Andrew G. Schopler on 5/3/2017.(All non-registered users served via U.S. Mail Service)(rlu)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Christopher Michael Larsen,
Case No.: 16-cv-2847-JM-AGS
Carolyn W. Colvin, Commissioner of
REPORT AND RECOMMENDATION
ON PLAINTIFF’S MOTIONS FOR
DEFAULT JUDGMENT [Doc. 6] AND
TIME EXTENSION [Doc. 10]
On November 21, 2016, pro se plaintiff Christopher Larsen filed a complaint seeking
review of the Social Security Administration’s denial of his disability insurance benefits.
[Doc. 1.] He attempted service by mailing the complaint and summons to the Social
Security Administration in San Francisco. [Doc. 6, at 2, 4-7.] Because the Commissioner
of Social Security never answered his complaint, Larsen now moves for a default judgment
and other relief.
Motion for Default Judgment [Doc. 6]
Larsen moves for a default judgment under Federal Rule of Civil Procedure 55. Yet
he has not completed service. To effect proper service, Larsen was required to serve three
entities: the Commissioner of Social Security, this district’s United States Attorney, and
the Attorney General of the United States. Fed. R. Civ. P. 4(i)(1)-(2). He has attempted to
serve only the Commissioner.1 Thus, the Court RECOMMENDS that Larsen’s motion for
a default judgment be DENIED.
Motion to Extend Time to Perfect Service [Doc. 10]
Recognizing his error, Larsen also moves to extend his time to perfect service.
Because the defendant was not properly served within 90 days, the Court “must dismiss
the action without prejudice against that defendant or order that service be made within a
specified time.” Fed. R. Civ. P. 4(m). Since Larsen is proceeding pro se and in forma
pauperis, the Court RECOMMENDS that Larsen’s extension motion be GRANTED and
that the time for service be extended for an additional 30 days from the District Judge’s
ruling on this matter.
Any objections to the Court’s recommendations must be filed within 14 days of
being served with a copy of this Report and Recommendation. See 28 U.S.C. § 636(b);
Fed. R. Civ. P. 72(b)(2). Failing to file objections within the specified time may waive the
right to raise those objections on appeal. See Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir.
Dated: May 3, 2017
Larsen has a certified mail receipt for the summons and complaint he sent the
Commissioner [Doc. 6, at 4-7], but even that summons has not been returned executed.
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