Larsen v. Colvin

Filing 13

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 Christopher Michael Larsen, 11 Case No.: 16-cv-2847-JM-AGS Plaintiff, 12 v. 13 Carolyn W. Colvin, Commissioner of Social Security, 14 15 REPORT AND RECOMMENDATION ON PLAINTIFF’S MOTIONS FOR DEFAULT JUDGMENT [Doc. 6] AND TIME EXTENSION [Doc. 10] Defendant. 16 17 On November 21, 2016, pro se plaintiff Christopher Larsen filed a complaint seeking 18 review of the Social Security Administration’s denial of his disability insurance benefits. 19 [Doc. 1.] He attempted service by mailing the complaint and summons to the Social 20 Security Administration in San Francisco. [Doc. 6, at 2, 4-7.] Because the Commissioner 21 of Social Security never answered his complaint, Larsen now moves for a default judgment 22 and other relief. 23 A. Motion for Default Judgment [Doc. 6] 24 Larsen moves for a default judgment under Federal Rule of Civil Procedure 55. Yet 25 he has not completed service. To effect proper service, Larsen was required to serve three 26 entities: the Commissioner of Social Security, this district’s United States Attorney, and 27 the Attorney General of the United States. Fed. R. Civ. P. 4(i)(1)-(2). He has attempted to 28 1 16-cv-2847-JM-AGS 1 serve only the Commissioner.1 Thus, the Court RECOMMENDS that Larsen’s motion for 2 a default judgment be DENIED. 3 B. Motion to Extend Time to Perfect Service [Doc. 10] 4 Recognizing his error, Larsen also moves to extend his time to perfect service. 5 Because the defendant was not properly served within 90 days, the Court “must dismiss 6 the action without prejudice against that defendant or order that service be made within a 7 specified time.” Fed. R. Civ. P. 4(m). Since Larsen is proceeding pro se and in forma 8 pauperis, the Court RECOMMENDS that Larsen’s extension motion be GRANTED and 9 that the time for service be extended for an additional 30 days from the District Judge’s 10 ruling on this matter. 11 Any objections to the Court’s recommendations must be filed within 14 days of 12 being served with a copy of this Report and Recommendation. See 28 U.S.C. § 636(b); 13 Fed. R. Civ. P. 72(b)(2). Failing to file objections within the specified time may waive the 14 right to raise those objections on appeal. See Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 15 1991). 16 Dated: May 3, 2017 17 18 19 20 21 22 23 24 25 26 27 1 28 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. 2 16-cv-2847-JM-AGS

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