Johnson v. Astrue

Filing 18

ORDER Denying as Moot 16 Motion to Serve Party with Summons and Complaint. Signed by Magistrate Judge Peggy A. Leen on 1/14/13. (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
(Mtn to Serve - Dkt. #16)

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This matter is before the court on Plaintiff Colette Johnson’s Motion to Serve Party with

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Summons and Complaint (Dkt. #16) filed January 8, 2013. The court has considered the Motion.

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Plaintiff is proceeding in this action in forma pauperis. On September 24, 2012, the court

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entered an Order (Dkt. #3) screening Plaintiff’s Complaint (Dkt. #4) pursuant to 28 U.S.C. § 1915 and

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

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

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serve 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. #3).

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The Clerk issued Summons (Dkt. #5) 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 Certified

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Mail Receipt (Dkt. #7). The docket reflects that service is complete on the Attorney General. See

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Summons Returned Executed (Dkt. #10). In an Order (Dkt. #11) entered November 7, 2012, the court

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directed service on the Office of Regional Chief Counsel for Region IX of the Social Security

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Administration in San Francisco, California, pursuant to 70 Fed. Reg. 73320 (Dec. 9, 2005). The Clerk

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complied, and service was returned executed. See Summons Returned Executed (Dkt. #14).

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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. #5-2), and the U.S. Marshal’s Service effected service. See Summons

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Returned Executed (Dkt. #17).

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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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#16) 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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