Scotellaro v. Colvin

Filing 10

ORDER Granting 9 Plaintiff's Motion to Serve Party with Summons and Complaint. Clerk of Court shall RE-ISSUE summons to the United States Attorney for the District of Nevada and shall deliver the same and the Complaint to the US Marshal for service. The US Marshal shall serve the complaint and summons on the US Attorney for the District of Nevada. The US Marshal shall submit proof of service to the Clerk of Court for filing no later than 7/31/13. Signed by Magistrate Judge Peggy A. Leen on 7/10/13. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ROSEMARIE ANNE SCOTELLARO,

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Plaintiff,
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vs.
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CAROLYN W. COLVIN,
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Defendant.
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__________________________________________)

Case No. 2:13-cv-00696-GMN-PAL
ORDER
(Mtn to Serve - Dkt. #9)

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This matter is before the court on Plaintiff Rosemarie Anne Scottellaro’s Motion to Serve Party
with Summons and Complaint (Dkt. #9) filed June 18, 2013. The court has considered the Motion.

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On April 24, 2013, Plaintiff filed an Application to Proceed In Forma Pauperis (Dkt. #1). In an

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Order (Dkt. #3) entered April 30, 2013, the court granted Plaintiff’s Application and screened the

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Complaint (Dkt. #4) pursuant to 28 U.S.C. § 1915. The court directed the Clerk of the Court to issue

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summons and serve the United States Attorney and the Commissioner of the Social Security

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Administration with process by certified mail. See Order (Dkt. #3). The Clerk complied, issued

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Summons (Dkt. ##5), and served the U.S. Attorney and the Commissioner by certified mail pursuant to

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Rule 4 of the Federal Rules of Civil Procedure. See Certified Mail Receipts (Dkt. #6); Summons

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Returned Executed (Dkt. ##7, 8).

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The court also directed the Clerk to issue summons to the U.S. Attorney for the District of

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Nevada. The Clerk complied. See Summons (Dkt. #5). The court directed the U.S. Marshal to serve

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the Summons and Complaint on the U.S. Attorney for the District of Nevada. Although the Clerk hand

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delivered the Summons and Complaint to the U.S. Marshal for service on May 1, 2013, no proof of

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service has been filed as to the U.S. Attorney for the District of Nevada. Plaintiff, therefore, requests

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the Clerk re-issue Summons and deliver it to the U.S. Marshal to serve the U.S. Attorney for the

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District of Nevada.

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Having reviewed and considered the matter, and good cause appearing,

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IT IS ORDERED:

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1.

Plaintiff’s Motion to Serve (Dkt. #9) is GRANTED.

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2.

The Clerk of Court shall re-issue summons to the United States Attorney for the District

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of Nevada and shall deliver the same and the Complaint to the U.S. Marshal for service.
3.

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The U.S. Marshal shall serve the Complaint and summons on the U.S. Attorney for the
District of Nevada.

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The U.S. Marshall shall submit proof of service of process to the Clerk of Court for
filing no later than July 31, 2013.

Dated this 10th day of July, 2013.

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_________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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