Graham v. US Social Security Administration

Filing 4

ORDER - Directing Clerk to Make Service. So Ordered by Magistrate Judge Landya B. McCafferty.(jab)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
Tod Graham
v.

Civil No. 12-cv-496-SM

United States Social Security
Administration Acting Commissioner
O R D E R
Pro se claimant Tod Graham has filed an action challenging
an adverse decision of the Social Security Administration
(“SSA”), pursuant to 42 U.S.C. § 405(g).

Because Graham is

proceeding pro se and in forma pauperis, the matter is before
the court for preliminary review.

See 28 U.S.C. § 1915(e)(2);

United States District Court District of New Hampshire Local
Rule (“LR”) 4.3(d)(1)(B).
Discussion
Graham is seeking judicial review of an adverse SSA
decision.

Graham has demonstrated that he filed this action

within sixty days of receiving a final decision of the SSA
Commissioner on his claim.

See 42 U.S.C. § 405(g) (establishing

60-day time limit for seeking judicial review).

Accordingly,

the matter may proceed at this time.
Conclusion
The complaint (doc. no. 1) shall be served upon defendant.
See Fed. R. Civ. P. 4(c)(3).

The clerk=s office is directed to

complete and issue the necessary summonses to (1) the United
States Attorney for the District of New Hampshire; (2) the
Attorney General of the United States; (3) Carolyn W. Colvin,
Acting Commissioner of the Social Security Administration, and
(4) the Office of the Regional Chief Counsel, Region 1, Social
Security Administration, and then forward to those entities, by
certified mail, return receipt requested, the summonses, along
with a copy of the complaint (doc. no. 1), and this order.

See

Fed. R. Civ. P. 4(i)(2); see also 20 C.F.R. § 423.1(a).
Defendant is instructed to answer or otherwise plead within
60 days of service, see Fed. R. Civ. P. 12(a)(2), and to file
the certified administrative record, in accordance with 42
U.S.C. § 405(g) and LR 9.1.

2

The parties shall comply with all applicable rules
thereafter, including LR 9.1, concerning social security cases
filed in this court.
Graham is instructed that all future pleadings, written
motions, notices, or similar papers shall be served directly on
the defendant by delivering or mailing the materials to
defendant or defendant’s attorney(s), pursuant to Fed. R. Civ.
P. 5(b).
SO ORDERED.

____________________________________
Landya B. McCafferty
United States Magistrate Judge
March 18, 2013
cc:

Tod Graham, pro se

LBM:nmd

3