Weinstein v. Astrue

Filing 16

ORDER Denying 14 Plaintiff's Motion to Serve Party with Summons and Complaint as Moot. Signed by Magistrate Judge Peggy A. Leen on 01/14/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STEVEN R. WEINSTEIN,

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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-01094-LRH-PAL
ORDER
(Mtn to Serve - Dkt. #14)

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This matter is before the court on Plaintiff Steven R. Weinstein’s Motion to Serve Party with

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Summons and Complaint (Dkt. #14) filed December 27, 2012. The court has considered the Motion.

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Plaintiff is proceeding in this action in forma pauperis. On August 1, 2012, the court entered an

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Order (Dkt. #2) screening Plaintiff’s Complaint (Dkt. #4) pursuant to 28 U.S.C. § 1915 and directing

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the Clerk of Court to serve the Complaint pursuant to Rule 4(i) of the Federal Rules of Civil Procedure.

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Specifically, the Screening Order directed the Clerk of the Court to issue summons for and serve

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process upon the Office of General Counsel for the Social Security Administration (“SSA”) in

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Baltimore, Maryland; and the Attorney General in Washington, D.C. See Screening Order (Dkt. #2).

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The Clerk issued Summons (Dkt. #3) and mailed them with the Complaint to the Office of General

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Counsel and the Attorney General by certified mail as directed in the Screening Order. See Dkt. #2.

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The docket reflects that service is complete on the Attorney General. See Summons Returned Executed

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(Dkt. #8). In an Order (Dkt. #11) entered October 22, 2012, the court directed service on the Office of

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Regional Chief Counsel for Region IX of the Social Security Administration in San Francisco,

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California, pursuant to 70 Fed. Reg. 73320 (Dec. 9, 2005). The Clerk complied, and service was

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returned executed. See Certificate of Service (Dkt. #13).

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Additionally, the Screening Order directed the Clerk of Court to issue summons to the United

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States Attorney for the District of Nevada and deliver the summons to the U.S. Marshal for service.

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The Clerk issued Summons (Dkt. #6-2), and the U.S. Marshal’s Service effected service. See Summons

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Returned Executed (Dkt. #15).

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Having reviewed and considered the matter,

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IT IS ORDERED that Plaintiff’s Motion to Serve Party with Summons and Complaint (Dkt.

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#14) is DENIED AS MOOT.
Dated this 14th day of January, 2013.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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