Streeter v. Social Security Administration
Filing
7
OPINION AND ORDER by Magistrate Judge Frank H McCarthy , setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 3/30/2016) (tjc, Dpty Clk)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
NICOLE STREETER,
Plaintiff,
vs.
Case No. 15-CV-438-JED-FHM
CAROLYN W. COLVIN,
Acting Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
On January 7, 2016, the court entered an order advising Plaintiff that she must file
proof of service in compliance with Fed.R.Civ.P. 4(i)(1) by February 8, 2016. [Dkt. 5]. On
February 29, 2016, Plaintiff filed a document which indicates that Plaintiff served an
address in Falls Church, Virginia. [Dkt. 6].
The document filed on February 29, 2016, does not comply with the court’s order.
Nor does the document demonstrate compliance with the relevant portion of Fed.R.Civ.P.
4 which provides, as follows:
(i) Serving the United States and
Corporations, Officers, or Employees.
Its
Agencies,
(1) United States. To serve the United States, a party must:
(A)(i) deliver a copy of the summons and of the
complaint to the United States attorney for the district
where the action is brought--or to an assistant United
States attorney or clerical employee whom the United
States attorney designates in a writing filed with the
court clerk--or
(ii) send a copy of each by registered or certified mail to
the civil-process clerk at the United States attorney's
office;
(B) send a copy of each by registered or certified mail to
the Attorney General of the United States at
Washington, D.C.; and
(C) if the action challenges an order of a
nonparty agency or officer of the United States,
send a copy of each by registered or certified
mail to the agency or officer.
(2) Agency; Corporation; Officer or Employee Sued in an
Official Capacity. To serve a United States agency or
corporation, or a United States officer or employee sued only
in an official capacity, a party must serve the United States and
also send a copy of the summons and of the complaint by
registered or certified mail to the agency, corporation, officer,
or employee.
Plaintiff is required to serve properly issued summons and the complaint in this case
and to file proof of service, made in accordance with Fed.R.Civ.P. 4, on or before March
30, 2016.
Plaintiff is advised that failure to comply with service requirements makes this action
subject to dismissal pursuant to Fed.R.Civ.P. 4(m).
SO ORDERED this 1st day of March, 2016.
2
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