Traylor Parker v. Astrue

Filing 15

ORDER Granting 14 Plaintiff's Motion to Serve Additional Party with Summons and Complaint. Clerk of Court shall serve the Commissioner of the Social Security Administration by sending a copy of the summons and Complaint by certified mail to address noted in this Order. Signed by Magistrate Judge Peggy A. Leen on 10/22/12. (Copies have been distributed pursuant to the NEF - certified mail tracking #7012 1010 0001 2174 9602 - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EVELYN D. TRAYLOR PARKER,

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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-01152-LDG-PAL
ORDER
(Mtn to Serve - Dkt. #14)

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This matter is before the court on Plaintiff Evelyn Traylor Parker’s Motion to Serve Additional

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Party with Summons and Complaint (Dkt. #14) filed October 18, 2012. The court has considered the

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Motion.

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Plaintiff is proceeding in this action in forma pauperis, and on August 1, 2012, the court entered

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an Order (Dkt. #6) screening Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915 and directing the Clerk

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

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Rule provides, in relevant part, that in order to serve the United States and its agencies, a party must

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deliver or mail by certified mail a copy of the complaint and summons to (a) the United States Attorney

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for the district where the action is brought; (b) the Attorney General of the United States in Washington,

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D.C.; and (c) the agency or officer. See Fed.R.Civ.P. 4(i)(1)(A), 4(i)(1)(B), and 4(i)(2). Accordingly,

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the court directed service on the Office of General Counsel for the Social Security Administration

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(“SSA”) in Baltimore, Maryland; the Attorney General in Washington, D.C.; and the United States

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Attorney for the District of Nevada. See Order (Dkt. #6).

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The instant Motion requests the court also direct the Clerk of Court to effect service of the
Complaint and summons by certified mail on the Office of Regional Chief Counsel for Region IX of

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the Social Security Administration in San Francisco, California, pursuant to 70 Fed. Reg. 73320 (Dec.

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9, 2005). That Notice provides that effective December 9, 2005, the SSA amended its rules concerning

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service of process in lawsuits seeking judicial review of SSA final decisions on individual claims for

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benefits under Titles II, VIII, and/or XVI of the Social Security Act. Notice, 70 Fed. Reg. 73320 (Dec.

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9, 2005). Further, the Notice directs that “summonses and complaints in these types of cases should be

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mailed directly to the office in SSA’s Office of General Counsel (OGC) that is responsible for the

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processing and handling of litigation in the particular jurisdiction in which the complaint has been

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filed.” Id. The revised procedures set forth in the Notice are codified at 20 C.F.R. 423.1, which

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provides that service of process on the SSA or the Commissioner of the SSA should be effected on the

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SSA’s regional Office of General Counsel for the jurisdiction where the complaint was filed. See 20

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C.F.R. 423.1 (Oct. 11, 2012).

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Having reviewed and considered the matter,

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IT IS ORDERED:

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1.

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Plaintiff’s Motion to Serve Additional Party with Summons and Complaint (Dkt. #14) is
GRANTED.

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The Clerk of the Court shall serve the Commissioner of the Social Security

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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

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Dated this 22nd day of October, 2012.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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