Wyetzner v. Commissioner Social Security

Filing 17

Vacated as per Judge's Order dated 1/6/2021, Doc. #19 ORDER OF SERVICE: Because Plaintiff has been granted permission to proceed IFP (ECF No. 14), Plaintiff is entitled to rely on the Court and the U.S. Marshal s Service to effect service. Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) ("The officers of the court shall issue and serve all process in [IFP] cases."); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP)). To allow Plaintiff to effect service on Defendant Commissioner of Social Security through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (USM-285 form) for the defendant. The Clerk of Court is further instructed to: (1) mark the box on the USM-285 form labeled "Check for service on U.S.A."; and (2) issue summonse s and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/6/2021) (jca) Transmission to Pro Se Assistants for processing. Modified on 1/6/2021 (ne).

Case 1:20-cv-08240-SLC Document 17 Filed 01/06/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BRENDA WYETZNER,
Plaintiff,
-vCOMMISSIONER OF SOCIAL SECURITY,

CIVIL CASE NO. 20 Civ. 8240 (SLC)
ORDER OF SERVICE

Defendant.
SARAH L. CAVE, United States Magistrate Judge:
Because Plaintiff has been granted permission to proceed IFP (ECF No. 14), Plaintiff is
entitled to rely on the Court and the U.S. Marshals Service to effect service. Walker v. Schult, 717
F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue
and serve all process … in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals
Service to serve if the plaintiff is authorized to proceed IFP)). To allow Plaintiff to effect service
on Defendant Commissioner of Social Security through the U.S. Marshals Service, the Clerk of
Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (USM-285
form) for the defendant. The Clerk of Court is further instructed to: (1) mark the box on the USM285 form labeled “Check for service on U.S.A.”; and (2) issue summonses and deliver to the
Marshals Service all the paperwork necessary for the Marshals Service to effect service upon
these defendants.
Dated:

New York, New York
January 6, 2021

SO ORDERED

Case 1:20-cv-08240-SLC Document 17 Filed 01/06/21 Page 2 of 2

Defendant and Service Address
Commissioner of Social security
c/o Office of the Regional Chief Counsel, Region II Social Security Administration
26 Federal Plaza, Room 3904
New York, New York, 10278-0004

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