Robie v. US Social Security Administration, Acting Commissioner

Filing 3

ORDER: Complaint to be served by Clerk's Office as outlined. Defendant to answer within 60 days of service and file certified administrative record 1 SSA Complaint. So Ordered by Magistrate Judge Landya B. McCafferty.(dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
Kevin Michael Robie
v.

Civil No. 13-cv-97-JD

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

Because

Robie 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
Robie is seeking judicial review of an adverse SSA
decision.

Robie 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).
the matter may proceed at this time.

Accordingly,

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.
The parties shall comply with all applicable rules
thereafter, including LR 9.1, concerning social security cases
filed in this court.
Robie 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
March 7, 2013
cc:

Kevin Michael Robie, pro se

LBM:nmd

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