Huber et al v. Astrue

Filing 5

ORDER granting 2 and 3 Motions for Leave to Proceed in forma pauperis. The Clerk shall send 3 summons forms and 3 USM-284 forms to Plaintiffs for service of process on the United States. Federal Rule of Civil Procedure 4(m) requires service of pr ocess by no later than 120 days after the filing of a civil complaint. Plaintiffs 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 th e court. In the absence of those forms, service of process cannot occur. Upon receipt of the completed summons forms and USM-285 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. The Marshal shall serve the United States, without payment of costs or fees. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAMES P. HUBER and
ARDELLA S. HUBER,
Plaintiffs,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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4:14CV3018

ORDER

IT IS ORDERED that Plaintiffs’ motions for leave to proceed in forma pauperis
(filings 2 and 3) are granted, and, accordingly, that:
1.
Plaintiffs shall be allowed to proceed without payment of the filing fee.
2.
The Clerk of the court shall send THREE summons forms and THREE
USM-285 forms to Plaintiffs 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.
Plaintiffs 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 USM-285 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) regarding
“[s]erving the United States and Its Agencies, Corporations, Officers, or Employees.”
January 28, 2014.

BY THE COURT:

Richard G. Kopf
Senior United States District Judge

Notice regarding Federal Rule of Civil Procedure 4(i)
Federal Rule of Civil Procedure 4(i) regarding “[s]erving 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 civil-process 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.