Banks v. Commissioner Of Social Security Adm.

Filing 19

ORDER Granting in Part and Denying in Part 18 Motion to Serve Party With Summons and Complaint. Signed by Magistrate Judge Carl W. Hoffman on 1/2/2013. (Copies have been distributed pursuant to the NEF; CC: USM - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JONATHAN BANKS,
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Plaintiff,
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vs.
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MICHAEL J. ASTRUE,
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COMMISSIONER OF SOCIAL
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SECURITY ADMINISTRATION,
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Defendant.
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____________________________________)

Case No. 2:12-cv-01535-JCM-CWH
ORDER

This matter is before the Court on Plaintiff’s Motion to Serve Party With Summons and
Complaint (#18), filed December 27, 2012.
Plaintiff’s affidavit to proceed in forma pauperis was previously approved. (#2). As a result

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thereof, the Clerk of Court was instructed to issue a summons to the United States Attorney for the

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District of Nevada and deliver the summons and complaint to the United States Marshal for service.

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The summons issued on August 30, 2012. (#5). To date, no proof of service has been filed as to the

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United States Attorney for the District of Nevada. Rather than reissue a summons, the United States

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Marshal should file a proof of service if it has been effectuated. To the extent service has not been

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effectuated, the United States Marshal shall again attempt to complete service on the United States

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Attorney for the District of Nevada. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Serve Party With Summons and
Complaint (#18) is denied in part and granted in part.
IT IS FURTHER ORDERED that Clerk of Court shall provide a copy of this Order to the
United States Marshal.
IT IS FURTHER ORDERED that the United States Marshal shall deliver a copy of the
summons and complaint to United States Attorney for the District of Nevada at the following address:

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United States Attorney’s Office
333 Las Vegas Boulevard South, Ste. 500
Las Vegas, Nevada 89101

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Dated this 2nd day of January, 2013.

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________________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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