Baxter v. Commissioner of Social Security Administration

Filing 10

ORDER GRANTING PLAINTIFF'S 8 MOTION to Re-Issue Summons filed by Sherry L. Baxter - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SHERRY BAXTER,

No. 16-13661

Plaintiff,

District Judge Matthew F. Leitman

v.

Magistrate Judge R. Steven Whalen

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/
ORDER EXTENDING SUMMONS
This is a Social Security Disability case. On May 22, 2017, I ordered Plaintiff to
show cause why her complaint should not be dismissed for failure of timely service [Doc.
#7]. In response, Plaintiff filed a cursory Motion to Re-Issue Summons [Doc. #8].
Under Fed.R.Civ.P. 4(m), a party who shows good cause for failure of timely
service must be granted an extension. Here, Plaintiff has offered no explanation as to why
her complaint was not served, and merely asks that the summons be re-issued. This falls
far short of a showing of good cause.
Rule 4(m) also provides that the Court may extend the time of service even if good
cause is not shown. In the exercise of my discretion I will do that. The Plaintiff’s motion
to re-issue summons [Doc. #8] is GRANTED, and the time for service is extended 30
days from the date of this Order. Plaintiff’s failure to properly and timely serve the

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complaint and summons will result in a recommendation that the complaint be dismissed.
I also note that counsel, whose office is in Ohio, was granted leave to proceed
without obtaining local counsel. Given counsel’s lack of attention to this case, and his
apparent unfamiliarity with this Court’s expectations, this Court will look skeptically at
any future requests for waiver of local counsel.
IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: June 9, 2017

CERTIFICATE OF SERVICE
I hereby certify on June 9, 2017, that I electronically filed the foregoing paper with
the Clerk of the Court sending notification of such filing to all counsel registered
electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF
participants.

s/Carolyn Ciesla
Case Manager to
Magistrate Judge R. Steven Whalen

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