Pitts v. Astrue

Filing 14

ORDER that the Clerk of the Court shall serve the Commissioner of the Social Security Administration by sending a copy of the 4 summons and 3 Complaint by certified mail to Office of the Regional Chief Counsel, Region IX. Signed by Magistrate Judge Peggy A. Leen on 10/23/2012. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 GARETH PITTS, ) ) Plaintiff, ) ) vs. ) ) MICHAEL J. ASTRUE, COMMISSIONER OF ) SOCIAL SECURITY ADMINISTRATION, ) ) ) Defendant. ) __________________________________________) Case No. 2:12-cv-01109-JCM-PAL ORDER 13 14 This matter is before the court on the court’s review of the docket. Plaintiff is proceeding in this 15 action in forma pauperis, and on August 1, 2012, the court entered an Order (Dkt. #2) screening 16 Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915 and directing the Clerk of Court to serve the 17 Complaint pursuant to Rule 4(i) of the Federal Rules of Civil Procedure. That Rule provides, in 18 relevant part, that in order to serve the United States and its agencies, a party must deliver or mail by 19 certified mail a copy of the complaint and summons to (a) the United States Attorney for the district 20 where the action is brought; (b) the Attorney General of the United States in Washington, D.C.; and (c) 21 the agency or officer. See Fed.R.Civ.P. 4(i)(1)(A), 4(i)(1)(B), and 4(i)(2). Accordingly, the court 22 directed service on the Office of General Counsel for the Social Security Administration (“SSA”) in 23 Baltimore, Maryland; the Attorney General in Washington, D.C.; and the United States Attorney for the 24 District of Nevada. See Order (Dkt. #6). 25 On December 9, 2005, the Social Security Administration promulgated a Notice amending its 26 rules for service of process in lawsuits seeking judicial review of SSA final decisions on individual 27 claims for benefits under Titles II, VIII, and/or XVI of the Social Security Act. See Notice, 70 Fed. 28 Reg. 73320 (Dec. 9, 2005). The Notice directs that “summonses and complaints in these types of cases 1 should be mailed directly to the office in SSA’s Office of General Counsel (OGC) that is responsible 2 for the processing and handling of litigation in the particular jurisdiction in which the complaint has 3 been filed.” Id. The revised procedures are codified at 20 C.F.R. 423.1 and provide that service of 4 process on the SSA or the Commissioner of the SSA should be effected on the SSA’s regional Office of 5 General Counsel for the jurisdiction where the complaint was filed. See 20 C.F.R. 423.1 (Oct. 11, 6 2012). 7 Accordingly, 8 IT IS ORDERED that the Clerk of the Court shall serve the Commissioner of the Social 9 Security Administration by sending a copy of the summons and Complaint by certified mail to: 10 11 12 13 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. 14 15 16 ________________________________________ PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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