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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GARETH PITTS,

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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-01109-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 August 1, 2012, the court entered an Order (Dkt. #2) 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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