Webb v. Astrue

Filing 9

ORDER The Clerk of the Court shall serve the United States Attorney for the District of Nevada by delivering a copy of the 4 Summons and 3 Complaint to the U.S. Marshal for service. The Clerk of Court shall also re-serve the United States Attorney General. Signed by Magistrate Judge Peggy A. Leen on 1/30/2013. (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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KIMBERLY D. WEBB,

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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-01850-MMD-PAL
ORDER

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This matter is before the court based on the court’s review of the docket. Plaintiff is proceeding

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in this action for Social Security disability benefits in forma pauperis but is represented by counsel.

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On November 7, 2012, the court entered an Order (Dkt. #2) screening Plaintiff’s Complaint

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(Dkt. #3) pursuant to 28 U.S.C. § 1915 and directing the Clerk of Court to serve the Complaint

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pursuant to Rule 4(i) of the Federal Rules of Civil Procedure. Specifically, the Screening Order

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directed the Clerk of the Court to issue summons for and serve process upon the Office of General

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Counsel Region IX for the Social Security Administration in San Francisco, California; and the

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Attorney General in Washington, D.C.1 See Order (Dkt. #2). The Clerk issued Summons (Dkt. #4) and

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mailed them with the Complaint to the Office of General Counsel and the Attorney General by certified

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mail as directed in the Screening Order. See Certified Mail Receipts (Dkt. #5). The docket reflects that

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service is complete on the Office of General Counsel. See Certificate of Service (Dkt. #7). No certified

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mail return receipt has been entered on the docket confirming service on the United States Attorney

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General.

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See 70 Fed. Reg. 73320 (Dec. 9, 2005); 20 C.F.R. § 423.1.

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Additionally, the Screening Order (Dkt. #2) directed the Clerk of Court to issue summons to the

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United States Attorney for the District of Nevada and deliver the summons to the U.S. Marshal for

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service. The Clerk issued Summons (Dkt. #4), but the docket does not reflect that it was delivered with

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the Complaint to the U.S. Marshal for service or that the U.S. Marshal has effected service of process

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on the United States Attorney.

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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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by delivering a copy of the Summons (Dkt. #4-2) and Complaint (Dkt. #3) to the U.S.

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The Clerk of the Court shall serve the United States Attorney for the District of Nevada

Marshal for service or file proof of service if service has been made.
2.

The Clerk of Court shall also re-serve the United States Attorney General with the

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Summons (Dkt. #4-1) and Complaint (Dkt. #3) by certified mail and file proof of

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mailing and effective service.

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Dated this 30th day of January, 2013.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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