Fields v. Social Security Administration
OPINION AND ORDER by Magistrate Judge Frank H McCarthy , setting/resetting deadline(s)/hearing(s): ( Response to Order to Show Cause due by 3/15/2018) (tjc, Dpty Clk)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
Case No. 17-CV-357-FHM
NANCY A. BERRYHILL,
Acting Commissioner, Social Security
OPINION AND ORDER
On June 23, 2017, Plaintiff submitted a Complaint, [Dkt. 1], and a Motion for Leave
to Proceed In Forma Pauperis, [Dkt. 2]. No summons was provided with the Complaint.
On June 26, 2017, the Court granted Plaintiff’s Motion to Proceed In Forma Pauperis, [Dkt.
5]. On December 7, 2017, by Minute Order, Plaintiff’s counsel was alerted that no
summons had been provided. Counsel was instructed to provide the clerk’s office with a
summons on or before December 15, 2017. [Dkt. 6]. To date, no summons has been
provided and consequently Defendant has not been served within the 90 day time frame
provided in Fed.R.Civ.P. 4(m).
Under Fed.R.Civ.P. 4(m), after notice to Plaintiff the court must dismiss the action
without prejudice unless Plaintiff shows good cause for the failure to serve the defendant.
Plaintiff is hereby ordered file a response on or before March 15, 2018, showing cause why
this action should not be dismissed for failure to serve the defendant.
SO ORDERED this 8th day of March, 2018.
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