Buccellato v. US Social Security Administration, Acting Commissioner

Filing 6

ORDER Directing US Marshal to Make Service. Plaintiff to submit a summons for for the U.S. Attorney for the District of New Hampshire within 30 days of the date of this order. Clerk's office is directed to issue the summo nses for the Attorney General, for the SSA, and, upon receipt, for the U.S. Attorney for the District of New Hampshire; and forward copies of the summonses, complaint and this order to the U.S. Marshal's office to effect service pursuant to this order. So Ordered by Magistrate Judge Andrea K. Johnstone.(jab)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
Daniel Buccellato
v.

Civil No. 14-cv-335-SM

Carolyn W. Colvin, Acting
Commissioner, United States
Social Security Administration
O R D E R
Claimant Daniel Buccellato, has filed this action, pursuant
to 42 U.S.C. § 405(g), challenging an adverse decision of the
Social Security Administration (“SSA”).

Because Buccellato is

a prisoner proceeding in forma pauperis, the matter is before
the court for preliminary review pursuant to 28 U.S.C. §
1915A(a) and LR 4.3(d)(1).
Discussion
Buccellato is represented by counsel, and counsel has
prepared the complaint (doc. no. 1) in this matter.

The

complaint asserts that Buccellato is appealing a final
administrative decision of the SSA denying Buccellato’s claim.
The complaint also asserts facts sufficient to demonstrate that
this action is timely filed.

Accordingly, the requirements for

seeking judicial review of a final decision of the SSA have been
met, see 42 U.S.C. § 405(g), and this action may proceed.
Pursuant to 28 U.S.C. § 1915(d) and Rule 4(c)(3) of the
Federal Rules of Civil Procedure, the Office of the United
States Marshals for the District of New Hampshire (“U.S.
Marshal’s office”) is directed to effect service of the
complaint in this matter on the United States Attorney for the
District of New Hampshire, the Attorney General of the United
States, and the SSA.

See Fed. R. Civ. P. 4(i)(1) and (2).

Plaintiff has attached summons forms to the complaint in
this matter for the Attorney General of the United States and
for the SSA, but has not completed a form for the United States
Attorney for the District of New Hampshire.

Claimant is

directed to submit a summons form for the United States Attorney
for the District of New Hampshire within thirty days of the date
of this order.
The clerk’s office is directed to issue the summonses for
the Attorney General of the United States and for the SSA, and,
upon receipt, for the United States Attorney for the District of
New Hampshire.

The clerk’s offfice is further directed to

forward copies of the summonses, the complaint (doc. no. 1), and
this order, to the U.S. Marshal’s office.
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The U.S. Marshal’s

office is directed to effect service of the documents listed
above in accordance with Fed. R. Civ. P. 4(i)(1) and (2); 20
C.F.R. § 423.1(a); and SSA GN 03106.020, available at
https://secure.ssa.gov/apps10/poms.nsf/links/0203106020.
SO ORDERED.

________________________________
Andrea K. Johnstone
United States Magistrate Judge
October 16, 2014
cc:

D. Lance Tillinghast, Esq.

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