Schmitt v. Berryhill

Filing 8

ORDER. IT IS ORDERED that the Clerk of the Court SHALL FILE 1 -1 the Complaint. IT IS FURTHER ORDERED that Counsel for the Commissioner shall file a statement with the court by 8/11/17, indicating whether the Commissioner acknowledges effective service, has any claim regarding service, or deems the attempted service not effective. Signed by Magistrate Judge Peggy A. Leen on 7/12/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROBERT KENT SCHMITT,

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Case No. 2:17-cv-01349-RFB-PAL
Plaintiff,
ORDER

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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This matter is before the court on Plaintiff Robert Kent Schmitt’s Receipt of Payment (ECF

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No. 7). On June 21, 2017, the court entered an Order (ECF No. 6) denying Schmitt’s Application

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to Proceed In Forma Pauperis (ECF No. 1) without prejudice. The court gave Mr. Schmitt until

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July 6, 2017, to: (i) file the long form in forma pauperis (“IFP”) application, or (ii) pay the $400.00

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filing fee. He opted to pay the filing fee.

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On May 19, 2017, a Notice of Appearance (ECF No. 3) was filed by Special Assistant

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United States Attorney Michael Marriott indicating that he will be appearing as counsel of record

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in this case. However, summons has not been issued, there is no proof of service of complaint and

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summons on file, and the notice of appearance does not indicate that the Commissioner has been

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served, or waived service. Mr. Schmidt filed a letter which the clerk docketed as an Affidavit of

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Service (ECF No. 4) indicating that he sent “service letters of Complaint” to Defendant, the United

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States Attorney for the District of Nevada, and Attorney General Jeff Sessions.

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Accordingly,

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IT IS ORDERED:

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1. The Clerk of the Court SHALL FILE the Complaint (ECF No. 1-1).

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2. Counsel for the Commissioner shall file a statement with the court by August 11, 2017,

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indicating whether the Commissioner acknowledges effective service, has any claim

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regarding service, or deems the attempted service not effective.

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3. From this point forward, Mr. Schmitt shall serve upon counsel for the Commissioner a

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copy of every pleading, motion, or other document filed with the Clerk of the Court

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pursuant to LR IC 1-1 and 4-1 of the Local Rules of Practice. In accordance with LR

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IC 4-1(d), the parties shall include with each filing a certificate of service stating that a

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true and correct copy of the document was served on an opposing party or counsel for

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an opposing party and indicating how service was accomplished. The court may

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disregard any paper received by a district judge or magistrate judge that has not been

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filed with the Clerk of the Court, and any paper received by a district judge, magistrate

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judge, or the Clerk of the Court that fails to include a certificate of service.

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4. Following the Defendant’s filing of an answer, the court will issue a scheduling order

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setting a briefing schedule.

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Dated this 12th day of July, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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