Chlebowski v. Commissioner Of Social Security Adm.
Filing
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ORDER that the Clerk of Court shall serve the Commissioner of the Social Security Administration by sending a copy of 6 Summons Issued as to USA and 5 Complaint by certified mail to address noted in this Order. Signed by Magistrate Judge Peggy A. Leen on 10/23/12. (Copies have been distributed pursuant to the NEF - certified mail #7012 1010 0001 2174 9619 - EDS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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KEN R. CHLEBOWSKI,
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Plaintiff,
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vs.
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MICHAEL J. ASTRUE, COMMISSIONER OF
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SOCIAL SECURITY ADMINISTRATION,
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Defendant.
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__________________________________________)
Case No. 2:12-cv-00517-JCM-PAL
ORDER
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This matter is before the court on the court’s review of the docket. Plaintiff is proceeding in this
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action in forma pauperis, and on July 31, 2012, the court entered an Order (Dkt. #4) screening
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Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915 and directing the Clerk of Court to serve the
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Complaint pursuant to Rule 4(i) of the Federal Rules of Civil Procedure. That Rule provides, in
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relevant part, that in order to serve the United States and its agencies, a party must deliver or mail by
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certified mail a copy of the complaint and summons to (a) the United States Attorney for the district
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where the action is brought; (b) the Attorney General of the United States in Washington, D.C.; and (c)
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the agency or officer. See Fed.R.Civ.P. 4(i)(1)(A), 4(i)(1)(B), and 4(i)(2). Accordingly, the court
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directed service on the Office of General Counsel for the Social Security Administration (“SSA”) in
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Baltimore, Maryland; the Attorney General in Washington, D.C.; and the United States Attorney for the
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District of Nevada. See Order (Dkt. #6).
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On December 9, 2005, the Social Security Administration promulgated a Notice amending its
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rules for service of process in lawsuits seeking judicial review of SSA final decisions on individual
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claims for benefits under Titles II, VIII, and/or XVI of the Social Security Act. See Notice, 70 Fed.
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Reg. 73320 (Dec. 9, 2005). The Notice directs that “summonses and complaints in these types of cases
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should be mailed directly to the office in SSA’s Office of General Counsel (OGC) that is responsible
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for the processing and handling of litigation in the particular jurisdiction in which the complaint has
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been filed.” Id. The revised procedures are codified at 20 C.F.R. 423.1 and provide that service of
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process on the SSA or the Commissioner of the SSA should be effected on the SSA’s regional Office of
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General Counsel for the jurisdiction where the complaint was filed. See 20 C.F.R. 423.1 (Oct. 11,
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2012).
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Accordingly,
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IT IS ORDERED that the Clerk of the Court shall serve the Commissioner of the Social
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Security Administration by sending a copy of the summons and Complaint by certified mail to:
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Office of the Regional Chief Counsel, Region IX
Social Security Administration
160 Spear St., Suite 899
San Francisco, CA 94105-1545
Dated this 23rd day of October, 2012.
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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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