James v. Berryhill
ORDER. IT IS ORDERED the Clerk of the Court shall ISSUE SUMMONS to the United States Attorney for the District of Nevada and DELIVER the summons and 4 Amended Complaint to the U.S. Marshal for service. The Clerk of the Court shall also ISSUE SU MMONS to the Commissioner of Social Security and the Attorney General of the United States. Plaintiff shall SERVE the Commissioner by sending a copy of the summons and Amended Complaint by certified mail. See Order for details. Signed by Magistrate Judge Peggy A. Leen on 6/6/2018. (Copies have been distributed pursuant to the NEF - cc: USM - MR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
PATRICIA L. JAMES,
Case No. 2:18-00885-APG-PAL
(Am. Compl. – ECF No. 4)
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Plaintiff Patricia L. James has submitted an Amended Complaint (ECF No. 4) in
accordance with the court’s Screening Order (ECF No. 2) dismissing the original complaint with
leave to amend. The court has reviewed the Amended Complaint and finds that it cures the
deficiencies noted in the screening order.
IT IS ORDERED:
1. The Clerk of the Court shall ISSUE SUMMONS to the United States Attorney for the
District of Nevada and DELIVER the summons and Amended Complaint (ECF No. 4)
to the U.S. Marshal for service.
2. The Clerk of the Court shall also ISSUE SUMMONS to the Commissioner of Social
Security and the Attorney General of the United States.
3. Plaintiff shall SERVE the Commissioner by sending a copy of the summons and
Amended Complaint by certified mail to: (1) Office of Regional Chief Counsel, Region
IX, Social Security Administration, 160 Spear Street, Suite 800, San Francisco,
California 94105-1545; and (2) Attorney General of the United States, Department of
Justice, 950 Pennsylvania Avenue, N.W., Room 4400, Washington, D.C. 20530.
4. Following the Commissioner’s filing of an answer, the court will issue a scheduling
order setting a briefing schedule.
5. From this point forward, Plaintiff shall serve upon the Commissioner or, if appearance
has been entered by counsel, upon the attorney, a copy of every pleading, motion, or
other document filed with the Clerk of the Court pursuant to LR IC 1-1 and 4-1 of the
Local Rules of Practice. In accordance with LR IC 4-1(d), the parties shall include
with each filing a certificate of service stating that a true and correct copy of the
document was served on an opposing party or counsel for an opposing party and
indicating how service was accomplished. The court may disregard any paper received
by a district judge or magistrate judge that has not been filed with the Clerk of the
Court, and any paper received by a district judge, magistrate judge, or the Clerk of the
Court that fails to include a certificate of service.
Dated this 6th day of June, 2018.
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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