Haggan v. Commissioner of Social Security

Filing 5

ORDER - THEREFORE, IT IS ORDERED: That the plaintiff has fifteen days from the date of this order to (1) issue summons on the defendant, or (2) show cause why this case should not be dismissed for failure to prosecute. Upon receipt of the completed summons with a copy of the complaint attached, the Clerk of Court is directed to forward the summons to the U.S. Marshal for service on the defendant in accordance with Fed. R. Civ. P. 4(i)(1). Ordered by Senior Judge Joseph F. Bataillon. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

ZACHARY CORTEZ HAGGAN,
Plaintiff,

4:17CV3058

vs.
ORDER
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

This matter is before the court sua sponte. Plaintiff filed a Title II complaint on
May 11, 2017, along with an application to proceed in forma pauperis without prepaying
fees or costs of this action. The motion was granted on May 15, 2017. To date no
summons has been issued on the defendant in this case.
The court directs plaintiff’s counsel to the United States District Court for
Nebraska’s website, http://www.ned.uscourts.gov, to obtain the form “SummonsService on the United States.” Pursuant to Fed. R. Civ. P. 4(c)(3), upon receipt of the
completed summons with a copy of the complaint attached, the Clerk of Court will be
directed to forward the summons to the U.S. Marshal for service on the defendant in
accordance with Fed. R. Civ. P. 4(i)(1).
The court finds that the plaintiff should be given an opportunity to either: (1)
issue summons on the defendant, or (2) show cause why this case should not be
dismissed for failure to prosecute. Fed. R. Civ. P. 4(m); NeCivR 41.2
THEREFORE, IT IS ORDERED:

1. That the plaintiff has fifteen days from the date of this order to (1) issue
summons on the defendant, or (2) show cause why this case should not be dismissed
for failure to prosecute.
2. Upon receipt of the completed summons with a copy of the complaint
attached, the Clerk of Court is directed to forward the summons to the U.S. Marshal for
service on the defendant in accordance with Fed. R. Civ. P. 4(i)(1).
Dated this 16th day of May, 2018.

BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

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