Howard v. US Social Security Administration, Commissioner

Filing 3

ORDER: The clerk's office is directed to issue the necessary summonses and to then forward to (1) the U.S. Attorney for the District of New Hampshire; (2) the Attorney General of the United States; and (3) Michael Astrue, S ocial Security Administration Commissioner, by certified mail, return receipt requested,the summonses, along with copies of the complaint (doc. no. 1) and this Order. Defendant is instructed to answer or otherwise plead within 60 days of service. So Ordered by Magistrate Judge Landya B. McCafferty.(jab)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
David Howard
v.

Civil No. 12-cv-497-SM

Michael J. Astrue, Commissioner,
United States Social Security Administration
O R D E R
Pro se claimant David Howard has filed an action
challenging a decision of the Social Security Administration
(“SSA”) denying his claim for social security disability
insurance, pursuant to 42 U.S.C. § 405(g).

Because Howard 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
Howard is seeking judicial review of an adverse SSA
decision on his application for social security disability
benefits.

Howard filed this action within sixty days of

obtaining a final decision of the SSA Commissioner on his claim,

as required by 42 U.S.C. § 405(g).

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

issue the necessary summonses and to then forward to (1) the
United States Attorney for the District of New Hampshire; (2)
the Attorney General of the United States; and (3) Michael
Astrue, Social Security Administration Commissioner, by
certified mail, return receipt requested, the summonses, along
with copies of the complaint (doc. no. 1) and this Order.

See

Fed. R. Civ. P. 4(i)(2).
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.
The parties shall comply with all applicable rules
thereafter, including LR 9.1, concerning social security cases
filed in this court.
Howard 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
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defendant or defendant’s attorney(s), pursuant to Fed. R. Civ.
P. 5(b).
SO ORDERED.

__________________________________
Landya B. McCafferty
United States Magistrate Judge
December 20, 2012
cc:

David Howard, pro se

LBM:nmd

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