Burt v Colvin

Filing 7

ORDER - the Motion to Proceed Without Prepayment of Fees, ECF No. 2 is granted. The clerk of the court shall send three summons forms and three USM-285 forms to Burt 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. Burt 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. 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. 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. (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

DARYL L. BURT,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting Comm'r
of Social Security;

8:13CV267
ORDER ON APPLICATION TO
PROCEED IN DISTRICT COURT
WITHOUT PREPAYING FEES OR
COSTS

Defendant.
The plaintiff, Daryl L. Burt, (“Burt”), filed a Motion to Proceed Without Prepayment of
Fees, ECF No.2.
IT IS ORDERED that:
1.
the Motion to Proceed Without Prepayment of Fees, ECF No. 2.,
is granted;
2.
the clerk of the court shall send three summons forms and three USM-285 forms
to Burt 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.
Burt 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 26, 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.

Warren K. Urbom
United States Senior District Court