LARRY v. ASTRUE

Filing 4

ORDER GRANTING 2 MOTION for Leave to Proceed in forma pauperis w/o prepayment of fees. Clerk directed to send prepared summons, four certified copies of order, complaint and USM 285 forms for USMS. Signed by MAGISTRATE JUDGE GARY R JONES on 6/8/2011. (Forwarded prepared summons, four certified copies of order, complaint and USM 285 forms to USMS.) (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
TIMOTHY LARRY,
Plaintiff,
v.

CASE NO. 1:11-cv-102-MP-GRJ

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
_____________________________/
ORDER
This matter is before the Court on Plaintiff’s complaint for judicial review of the
final decision of the Commissioner (Doc. 1) and motion to proceed in forma pauperis
with financial affidavit. (Doc. 2.) The Court has reviewed the financial affidavit and finds
that the Plaintiff is unable to pay the costs of this action pursuant to 28 U.S.C. §
1915(a) and therefore leave to proceed in forma pauperis is due to be granted.
As a defendant, Plaintiff has named the Commissioner of the Social Security
Administration. Service upon the Defendant should be made within 120 days pursuant
to Fed.R.Civ.P. 4(m), and service shall be made upon the Defendant as well as the
United States Attorney for this district and the Attorney General of the United States as
required under Fed. R. Civ. P. 4(i).
Accordingly, it is ORDERED:
1. Leave to proceed in forma pauperis (Doc. 2) is hereby GRANTED to the
extent that this case may be filed without prepayment of fees.
2. The clerk of court is directed to send the prepared summons, four certified

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copies of this order, the service copies of the complaint, and the prepared USM 285
forms to the United States Marshal. The United States Marshal shall serve a copy of
the complaint and summons upon the named defendant and the United States Attorney
and the Attorney General of the United States.
3. The Marshal shall transmit USM 285 forms for the Commissioner of the
Social Security Administration, and for both the United States Attorney and the Attorney
General of the United States to the Plaintiff. Plaintiff shall complete single USM 285
forms for service upon the named Defendant, Commissioner of Social Security, 6401
Security Blvd., Altmeyer Bldg., Room 617, Baltimore, MD 21235; the United States
Attorney for the Northern District of Florida, (to be addressed to: Civil Process Clerk,
United States Attorney's Office, Northern District of Florida, 111 N. Adams Street, 4th
Floor, Tallahassee, Florida 32301) and the Attorney General of the United States
(Department of Justice, 10th Street and Constitution Ave. NW, Washington, D.C.
20530).
The instructions shall require Plaintiff to complete and return the forms to the
United States Marshal's office in Tallahassee within twenty (20) days from the date of
receipt thereof. Failure by Plaintiff to return the completed forms within this time period
may result in the dismissal of this case.
4. The Marshal shall serve the Commissioner of the Social Security
Administration, and the office of the United States Attorney for this District by sending
copies of the summons and complaint via certified mail to the Attorney General of the
United States, to the United States Attorney for the Northern District of Florida, and to
the Commissioner of the Social Security Administration.
Case No: 1:11-cv-102-MP-GRJ

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5. If after 25 days from the mailing of the summons and complaint, the
defendant has not returned a written acknowledgment of service, the Marshal shall so
notify the Plaintiff. Plaintiff shall then send the Marshal an identical copy of the
complaint for the Defendant who has not acknowledged service. Upon receipt of these
service copies, the Marshal shall personally serve that Defendant, and subsequently
file with the clerk the return of service.
DONE AND ORDERED this 8th day of June, 2011.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 1:11-cv-102-MP-GRJ