Carroll v. Colvin
Filing
7
ORDER granting the MOTION for Leave to Proceed in forma pauperis filed by John W. Carroll. The clerk of the court shall send three summons forms and three USM-285 forms to Carroll for service of process on the United States. Federal Rule of Ci vil 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 summons forms and USM-285 forms, the clerk of court shall sign the summonses and forward them, together wit h copies of the complaint, to the U.S. Marshal for service on the United States; and The U.S. 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."Ordered by Senior Judge Warren K. Urbom. (three USM-285 forms and three summons mailed to Plaintiff Carroll)(MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN W. CARROLL,
Plaintiff,
8:13CV255
vs.
CAROLYN W. COLVIN, Commissioner of
Social Security;
ORDER ON APPLICATION TO
PROCEED IN DISTRICT COURT
WITHOUT PREPAYING FEES OR
COSTS
Defendant.
The plaintiff, John W. Carroll (“Carroll”), filed an Application to Proceed in District
Court Without Prepaying Fees or Costs, ECF No.1, part 2.
IT IS ORDERED that:
1.
the Application to Proceed in District Court Without Prepaying Fees or Costs,
ECF No.1, part, is granted;
2.
the clerk of the court shall send three summons forms and three USM-285 forms
to Carroll 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.
Carroll 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 of
court shall sign the summonses and forward them, together with copies of the complaint, to the
U.S. Marshal for service on the United States; and
5.
the U.S. 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 August 21, 2013.
BY THE COURT
___________________________________
Warren K. Urbom
United States Senior 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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