TRENT v. ASTRUE

Filing 4

ORDER granting 3 MOTION for Leave to Proceed in forma pauperis. Clerk directed to send Plaintiff 3 blank summons forms and USM 285 forms for completion. Upon receipt of complaint and forms, Clerk directed to send to USMS for service. (Return of forms Deadline - by 10/1/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 9/17/2012. (jws)(Contacted Pla atty for filing of forms.)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
VICKI LYNN TRENT,
Plaintiff,
v.

CASE NO. 1:12-cv-207-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. 3). 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. Pursuant to Fed. R. Civ. P. 4(c)(3), because the Court has granted
Plaintiff’s request for leave to proceed as a pauper, the Court will order the United
States Marshal to serve the Commissioner of Social Security, the United States
Attorney for this district and the Attorney General of the United States as required under
Fed. R. Civ. P. 4(i).
In order for the United States Marshal to serve the Commissioner, the United
States Attorney for this district, and the Attorney General of the United States, the Clerk
of Court must provide the Marshal with service copies of the Complaint and completed

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summons forms and USM 285 forms for service upon each Defendant. Plaintiff did not
provide the Court with service copies of the Complaint, completed summons forms or
completed USM 285 forms. The Clerk will thus be instructed to send Plaintiff three
blank summons forms and three blank USM 285 forms. Plaintiff shall complete a
summons form and USM 285 form for service upon (i) the United States Attorney for
the Northern District of Florida; (ii) the Attorney General of the United States and (iii) the
Commissioner of Social Security and shall return 3 service copies of the Complaint and
each completed form to the Clerk of Court on or before October 1, 2012.
Accordingly, it is hereby ORDERED:
(1)

Plaintiff’s Motion To Proceed In Forma Pauperis (Doc. 3) is GRANTED to
the extent this case may be filed without prepayment of fees.

(2)

The Clerk is directed to send Plaintiff three blank summons forms and
three blank USM 285 forms. Plaintiff shall provide to the Clerk of Court 3
service copies of the Complaint and completed and signed summons
forms and USM 285 forms for service upon the United States Attorney
for the Northern District of Florida (Process Clerk, United States
Attorney's Office, Northern District of Florida, 111 N. Adams Street, 4th
Floor, Tallahassee, Florida 32301); the Attorney General of the United
States (Department of Justice, 10th Street and Constitution Ave. NW,
Washington, D.C. 20530); and the Commissioner of the Social Security
Administration (c/o The General Counsel, 6401 Security Blvd.,
Baltimore, Maryland 21235) on or before October 1, 2012.

(3)

Upon receipt of the service copies of the Complaint, the summonses and
the USM 285 forms from Plaintiff, the Clerk of Court is directed to send
the prepared summonses, four certified copies of this order, the service
copies of the Complaint, and the prepared USM 285 forms to the United
States Marshal.

(4)

The United States Marshal shall serve the Commissioner of the Social
Security Administration, the Attorney General of the United States, 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: 1:12-cv-207-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.

(6)

Failure to comply with this order within the allotted time, or to show cause
why Plaintiff is unable to comply, will result in a recommendation to the
district judge that this case be dismissed without further notice for failure
to prosecute and failure to obey a Court directive.

DONE AND ORDERED this 17th day of September, 2012.

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

Case No: 1:12-cv-207-MP-GRJ