Wilson v. Commissioner of Social Security

Filing 10

RECOMMENDED RULING that Plaintiff's case be dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m). This is a Recommended Ruling. Any party may file an objection within 14 days. ( Objections due by 12/24/2014.) Signed by Judge William I. Garfinkel on 12/10/14. (Fucci, S)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
CHERYL WILSON,
Plaintiff,

No. 3:14cv00989 (WIG)
vs.

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
____________________________________ X

RECOMMENDED RULING OF DISMISSAL
The Federal Rules of Civil Procedure require that a plaintiff effect service of his or her
complaint on a defendant within 120 days of the filing of the complaint. Rule 4(m), Fed. R. Civ.
P., provides that “[i]f a defendant is not served within 120 days after the complaint is filed, the
court - on motion or on its own after notice to the plaintiff - must dismiss the action without
prejudice against that defendant or order that service be made within a specified time. But if the
plaintiff shows good cause for the failure, the court must extend the time for service for an
appropriate period.”
Plaintiff filed a complaint against the Commissioner of the Social Security
Administration on July 10, 2014. On July 15, 2014, USM 285 forms were sent to Plaintiff along
with a Guide for Pro Se Litigants. On November 17, 2014, this Court issued an Order to Show
Cause within 20 why this action should not be dismissed. (Dkt. No. 9). Plaintiff has not
responded to Order to Show Cause, and, to date, the forms have not been returned to the Clerk’s
Office and service has not been effected on Defendant. Accordingly, the Undersigned

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recommends that Plaintiff’s case be dismissed without prejudice pursuant to Fed. R. Civ. P.
4(m). This is a Recommended Ruling. Any party may file an objection within 14 days.
SO ORDERED, this

10th

day of December, 2014, at Bridgeport, Connecticut.
/s/ William I. Garfinkel
WILLIAM I. GARFINKEL
United States Magistrate Judge

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