Wiles et al v. Commissioner of Social Security

Filing 4

MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis as to plaintiff Francis Wiles. The Clerk of the Court shall send a copy of this memorandum and order together with three summons forms and three copies of Form 285 to plaintiff for service of process on the United States. Federal Rule of Civil Procedure 4(m) requires service of process by no later than 120 days after the filing of a civil complaint. Plaintiff shall complete the forms and return to Clerk of the court who will forward to US Marshal for service. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with forms)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FRANCIS WILES and JUDY T.
WILES (rep),
4:13-CV-3014
Plaintiffs,
MEMORANDUM AND ORDER ON
APPLICATION TO PROCEED IN
FORMA PAUPERIS

vs.
MICHAEL J. ASTRUE,
Commissioner of the Social Security
Administration,
Defendant.

Plaintiff Francis Wiles, through Judy T. Wiles, has filed an Application
to Proceed in District Court Without Prepaying Fees or Costs (filing 2).
Plaintiff's application demonstrates that plaintiff is eligible to proceed in
forma pauperis.
IT IS ORDERED:
1.

Plaintiff’s application to proceed in forma pauperis (filing 2) is
granted, and the complaint shall be filed without payment of fees.

2.

The Clerk of the Court shall send a copy of this memorandum
and order together with three summons forms and three copies of
Form 285 to plaintiff for service of process on the United States.
Federal Rule of Civil Procedure 4(m) requires service of process
by no later than 120 days after the filing of a civil complaint.

3.

Plaintiff shall, as soon as possible, complete the forms (see
attached Notice for persons to be served) and send the completed
summonses and USM-285 forms back to the Clerk of the court. In
the absence of those forms, service of process cannot occur.

4.

Upon receipt of the completed summons forms and USM285 forms, the Clerk shall sign the summonses and forward
them, together with copies of the complaint, to the U.S.
Marshal for service on the United States.

5.

The Marshal shall serve the United States, without
payment of costs or fees. Service shall be effected pursuant
to Federal Rule of Civil Procedure 4(i) which governs
service upon the United States and its agencies,
corporations, officers, or employees.

6.

This order is entered without prejudice to the Court later
entering an order taxing costs in this case. No one,
including any plaintiff, is relieved by this order from the
obligation to pay or to reimburse taxable costs after this
action is over.

Dated this 12th day of February, 2013.
BY THE COURT:
John M. Gerrard
United States District Judge

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Notice Regarding Federal Rule of Civil Procedure 4(i)
Federal Rule of Civil Procedure 4(i) regarding “Serving the United States and Its
Agencies, Corporations, Officers, or Employees,” states:
(1) United States. To serve the United States, a party must:
(A)(i) deliver a copy of the summons and of the complaint to the
United States attorney for the district where the action is
brought--or to an assistant United States attorney or clerical
employee whom the United States attorney designates in a
writing filed with the court clerk--or
(ii)

send a copy of each by registered or certified mail to the civilprocess clerk at the United States attorney’s office;

(B)

send a copy of each by registered or certified mail to the
Attorney General of the United States at Washington, D.C.; and

(C)

if the action challenges an order of a nonparty agency or officer
of the United States, send a copy of each by registered or
certified mail to the agency or officer.

(2) Agency; Corporation; Officer or Employee Sued in an Official Capacity. To serve
a United States agency or corporation, or a United States officer or employee sued
only in an official capacity, a party must serve the United States and also send a
copy of the summons and of the complaint by registered or certified mail to the
agency, corporation, officer, or employee.
(3) Officer or Employee Sued Individually. To serve a United States officer or
employee sued in an individual capacity for an act or omission occurring in
connection with duties performed on the United States' behalf (whether or not the
officer or employee is also sued in an official capacity), a party must serve the
United States and also serve the officer or employee under Rule 4(e), (f), or (g).
(4) Extending Time. The court must allow a party a reasonable time to cure its
failure to:
(A)

serve a person required to be served under Rule 4(i)(2), if the
party has served either the United States attorney or the
Attorney General of the United States; or

(B)

serve the United States under Rule 4(i)(3), if the party has
served the United States officer or employee.

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