Garfield Sr. vs Social Security Administration

Filing 8

ORDER directing service. Signed by Magistrate Judge G. R. Smith on 5/28/2013. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
TYRONE RODNEY GARFIELD, SR., )
)

Plaintiff,
)

)

V.

Case No. CV413-008

)

CAROLYN COLVIN,

)

Commissioner of Social Security, )
)

Defendant.

In a Report and Recommendation ("R&R"), the Court
recommended that this case be dismissed because Tyrone Garfield had
"failed to allege any facts suggesting that he applied for and been denied
benefits, much less that the Commissioner's decision denying such
benefits was final." (Doe. 3 at 2.) In objection, he submitted records
from the administrative proceeding showing that he had, in fact, received
a final decision denying benefits. (Doe. 6.) The district judge assigned to
the case thus declined to adopt the R&R, so the matter is once again
before the undersigned. (Doe. 7.)

The Court thus DIRECTS the Clerk to forward a copy of
Garfield's complaint and this Order to the Marshal for service upon
Carolyn Colvin, Commissioner of the Social Security Administration.'
Service shall be effected in compliance with Rule 4(i)(2) of the Federal
Rules of Civil Procedure.
SO ORDERED this c28 day of May, 2013.

MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

1

Since he is indigent (doc. 3), Garfield is entitled to have service effected by the U.S. Marshal.
Fed. R. Civ. P. 4(c)(3); Fowler v. Jones, 899 F.2d 1088, 1094 (11th Cir. 1990).