Wells v. Astrue

Filing 12

ORDER that the Clerk of the Court shall re-issue summons to the United States Attorney for the District of Nevada and shall deliver a copy of the summons and 7 Complaint to the U.S. Marshal for service. Signed by Magistrate Judge Peggy A. Leen on 8/19/2013. (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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LEONARDO DEBESS WELLS, SR.,

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Plaintiff,
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vs.
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CAROLYN W. COLVIN, COMMISSIONER OF )
SOCIAL SECURITY ADMINISTRATION,
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Defendant.
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__________________________________________)

Case No. 2:13-cv-00529-JCM-PAL
ORDER

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

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matter pro se and in forma pauperis. On June 4, 2013, the court entered an Order (Dkt. #4) screening

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Plaintiff’s Complaint (Dkt. #7) pursuant to 28 U.S.C. § 1915 and directing the Clerk of Court to serve

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the Complaint. The Clerk issued Summons (Dkt. #8) and mailed them with the Complaint to the Office

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of General Counsel and the Attorney General by certified mail as directed in the Screening Order. See

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Certified Mail Receipts (Dkt. #7). The docket reflects that service is complete on the Office of General

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Counsel and the U.S. Attorney General. See Certified Mail Return Receipt (Dkt. #9); Summons

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Returned Executed (Dkt. ##10, 11).

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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. #8), but the docket does not reflect that it was delivered with the

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

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the United States Attorney.

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Having reviewed and considered the matter,

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IT IS ORDERED that the Clerk of the Court shall re-issue summons to the United States

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Attorney for the District of Nevada and shall deliver a copy of the summons and Complaint (Dkt. #7) to

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the U.S. Marshal for service.

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Dated this 19th day of August, 2013.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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