Brooks v. Colvin

Filing 11

ORDER that Plaintiff shall have 45 days from entry of this Order within which to perfect service on defendant. Plaintiff's counsel shall prepare summonses and submit to the Clerk via Cyberclerk within 7 days of this Order. Clerk is instructed to prepare process and deliver same to USM for service. Order to Show Cause is hereby discharged. Signed by District Judge Martin Reidinger on 5/20/15. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL CASE NO. 5:14-cv-00189-MR

EDWARD L. BROOKS, JR.,

)
)
Plaintiff,
)
)
vs.
)
)
CAROLYN W. COLVIN, Acting )
Commission of Social Security )
Administration,
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)
Defendant.
)
___________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Response to Show
Cause Order [Doc. 10].
On May 14, 2015, the Court entered an Order directing the Plaintiff to
show cause for his failure to effect service of the Summons and Complaint
on the Defendant. [Doc. 9]. That same day, the Plaintiff’s counsel filed the
present Response, advising that counsel had not realized that the Complaint
and Summonses had not been served by the United States Marshal Service
(USMS) until the Show Cause Order issued. Counsel requests an additional
forty-five days for summonses to be reissued and for service to be effected.
[Doc. 10].

For the reasons stated in the Plaintiff’s Response and for cause shown,
IT IS, THEREFORE, ORDERED that:
(1)

Plaintiff shall have forty-five (45) days from the entry of this

Order within which to perfect service on the Defendant;
(2)

Plaintiff’s counsel shall prepare summonses for all

appropriate parties and submit the summons to the Clerk via
Cyberclerk within seven (7) days of entry of this Order;
(3)

Upon receipt of the summons, the Clerk shall deliver

process to the United States Marshal for service;
(4)

The United States Marshal shall serve process upon the

Defendant at the expense of the United States Government.
Although the United States Marshal shall serve process in this
action, it remains the responsibility of counsel to ensure that
process is effected; and
(5)

The Show Cause Order [Doc. 9] is hereby DISCHARGED.

IT IS SO ORDERED.

Signed: May 20, 2015

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