Appleby v. Astrue

Filing 5

Magistrate Judge Judith G. Dein: ORDER entered. Plaintiff's Motion for Leave to Proceed in forma pauperis (Docket No. 1-3) is ALLOWED. Plaintiff must serve the Defendant(s) in accordance with Federal Rule of Civil Procedure 4(m). The plaintiff may elect to have service made by the United States Marshal Service. If directed by the plaintiff to do so, the United States Marshal Service shall serve the summons(es), Complaint, and this Order upon the defendant(s), in the manner directed by th e plaintiff, with all costs of service to be advanced by the United States Marshal Service. Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, the plaintiff shall have 120 days from the date of this Order to complete service.(PSSA, 1)[Remark: summonses previously issued. A copy of this Order, the Complaint, docket sheet, standard notices/instructions, and USM 285 forms sent to plaintiff's counsel].

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS DEBORAH LYNN APPLEBY, Plaintiff, v. CIVIL ACTION NO. 13-10207-JGD MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. ORDER ON MOTION TO PROCEED WITHOUT PREPAYMENT OF FEES DEIN, M.J. Upon review of the plaintiff’s complaint, it is hereby ORDERED that: (1) Plaintiff’s Motion for Leave to Proceed in forma pauperis (Docket No. 1-3) is ALLOWED. (2) Summonses previously issued on February 4, 2013. (3) Plaintiff must serve the Defendant(s) in accordance with Federal Rule of Civil Procedure 4(m). The plaintiff may elect to have service made by the United States Marshal Service. If directed by the plaintiff to do so, the United States Marshal Service shall serve the summons(es), Complaint, and this Order upon the defendant(s), in the manner directed by the plaintiff, with all costs of service to be advanced by the United States Marshal Service. Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, the plaintiff shall have 120 days from the date of this Order to complete service.1 SO ORDERED. /s/ Judith G. Dein JUDITH G. DEIN UNITED STATES MAGISTRATE JUDGE DATED: February 4, 2013 1 Counsel for plaintiff is directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge. See Notice of Case Assignment (Docket No. 2).

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