Watts v. Shulman et al

Filing 49

ORDER Returning Order and Recommendation of United States Magistrate Judge (ECF No. 34 ) With Instructions. Upon consideration of the foregoing, and being otherwise fully advised, it is hereby ORDERED that the Recommendation is returned to the Magistrate Judge with instructions to consider such additional information; conduct further proceedings, if appropriate; and issue a recommendation in light of the same. By Judge Raymond P. Moore on 07/17/13. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 12-cv-02993-RM-KLM
HOWARD M. WATTS, JR.,
Plaintiff,
v.
DANIEL WERFEL, Acting Commissioner IRS,1
CAROLYN W. COLVIN, Acting Commissioner SSA,2
CAROLYN SIMMONS, Associate Commissioner,
ANNETTE STREETER, Appeals Area Director, IRS,
J TRUJILLO, Collections Agent, IRS, and
ELLEN DEMITRE, Tax Payer Advocate, IRS,
Defendants.

ORDER RETURNING
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
(ECF NO. 34) WITH INSTRUCTIONS

THIS MATTER is before the Court on the June 10, 2013 Order and Recommendation of
United States Magistrate Judge (“Recommendation”) (ECF No. 34) that Defendant Ellen
Demitre (“Defendant Demitre”) be dismissed without prejudice due to Plaintiff’s failure to
provide information for the Court to effect service on Defendant Demitre. On June 13, 2013,
Plaintiff filed a response stating he received a Certificate of Service from the Clerk that
Defendant Demitre was served on June 6, 2013.
1

Daniel Werfel became acting Commissioner of the Internal Revenue Service on May 22, 2013. Pursuant to
Fed.R.Civ.P. 25(d), Daniel Werfel is substituted for Douglas Shulman as the defendant in this action.
2

Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. In accordance with
Fed.R.Civ.P. 25(d), Carolyn W. Colvin is substituted for Michael Astrue as the defendant in this action.

The Court has reviewed the record in this case and finds that on June 6, 2013 the Clerk
issued a Certificate of Service which stated, among other things, a Summons and Amended
Complaint were forwarded to the United States Marshal Service for service of process on
Defendant Demitre. (ECF No. 32.) Subsequently, on June 25, 2013, an executed return of
service was filed stating Defendant Demitre was served on that date. (ECF No. 43.) However,
on July 16, 2013, Defendants Werfel, Streeter, and Trujillo filed a Motion to Dismiss which
stated the motion was not filed on behalf of Defendant Demitre as she had not been properly
served. (ECF No. 46, page 1 n.2.) Upon consideration of the foregoing, and being otherwise
fully advised, it is hereby
ORDERED that the Recommendation is returned to the Magistrate Judge with
instructions to consider such additional information; conduct further proceedings, if appropriate;
and issue a recommendation in light of the same.
DATED this 17th day of July, 2013.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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