Johnson v. Astrue

Filing 11

ORDER that the Clerk shall serve the Commissioner of the Social Security Administration by sending a copy of the summons and Complaint by certified mail to: Office of the Regional Chief Counsel, Region IX, Social Security Administration, 160 Spear St, Suite 899, San Francisco, CA 94105-1545. Signed by Magistrate Judge Peggy A. Leen on 11/5/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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COLETTE JOHNSON,

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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-01438-MMD-PAL
ORDER

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This matter is before the court on the court’s review of its previous Order (Dkt. #6). Plaintiff

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Colette Johnson is proceeding in this action pro se and in forma pauperis and seeks judicial review of a

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determination by the Social Security Administration (the “SSA”) denying Plaintiff

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On September 24, 2012, the court entered an Order (Dkt. #6) screening Plaintiff’s Complaint

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pursuant to 28 U.S.C. § 1915 and directing the Clerk of Court to serve the Complaint pursuant to Rule

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4(i) of the Federal Rules of Civil Procedure. That Rule provides that service of process on the United

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States and its agencies, must be made by personally delivering or mailing by certified mail a copy of the

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complaint and summons to (a) the United States Attorney for the district where the action is brought;

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(b) the Attorney General of the United States in Washington, D.C.; and (c) the agency or officer. See

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Fed.R.Civ.P. 4(i)(1)(A), 4(i)(1)(B), and 4(i)(2). Accordingly, the court directed service on the Office of

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General Counsel for the SSA in Baltimore, Maryland; the Attorney General in Washington, D.C.; and

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

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The court should have directed the Clerk of Court to effect service of process on the United

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States by certified mail to the Office of Regional Chief Counsel for Region IX of the Social Security

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Administration in San Francisco, California, pursuant an SSA Notice published at 70 Fed. Reg. 73320

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(Dec. 9, 2005) rather than to the SSA’s General Counsel in Baltimore, Maryland.

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That SSA Notice advises that the SSA amended its rules concerning service of process in

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lawsuits seeking judicial review of final decisions by the SSA Commissioner on individual claims for

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

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(Dec. 9, 2005). 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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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 5th day of November, 2012.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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