Mayhue v. Commissioner of Social Security
Filing
4
MEMORANDUM AND ORDER - Plaintiff's motion to proceed in forma pauperis (filing 2 ) is granted, and, accordingly, that Plaintiff shall be allowed to proceed without payment of the filing fee. The Clerk of the court shall send THREE summons for ms and THREE USM-285 forms 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. Upon receipt of the completed sum mons 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. Ordered by Senior Judge Richard G. Kopf. (Copy with forms mailed as directed)(AOA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
REGINALD B. MAYHUE,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
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8:12CV407
MEMORANDUM
AND ORDER
IT IS ORDERED that:
1.
Plaintiff’s motion to proceed in forma pauperis (filing 2) is granted, and,
accordingly, that Plaintiff 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 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 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.”
DATED this 9 th day of January, 2013.
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.
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