Jones v. Colvin

Filing 22

ORDER: 1. The report 20 of M.J. Carlson is ADOPTED.2. The Clerk of Court shall enter judgment in favor of Jones and against the Commissioner as set forth in the following paragraph.3. The Commissioners decision is VACATED and this matter is REMAND ED to the Commissioner with instructions to conduct a new administrative hearing, develop the record fully, and evaluate the evidence appropriately in accordance with this order and the report 20 of Magistrate Judge Carlson.4. The Clerk of Court is directed to CLOSE this case. Signed by Chief Judge Christopher C. Conner on 9/27/17. (ma)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA

MARILYN MARIE SMITH,
Plaintiff
v.
DEPARTMENT OF DEFENSE,
et al.,
Defendants

:
:
:
: CASE NO. 1:17-CV-1001
:
:
:
:

ORDER
Plaintiff Marilyn Marie Smith filed the instant civil action on June 8, 2017.
(Doc. 1). She did not pay a filing fee or complete an application for leave to proceed in
forma pauperis (IFP), despite being provided with the standing practice order fully detailing
such requirements. (See Docs. 2, 3). Furthermore, she does not appear to have served
any of the named defendants as required by Federal Rule of Civil Procedure 4.
On September 14, 2017, this court ordered Plaintiff to pay the civil filing fee
or to move to proceed IFP if she was financially unable to afford the $400 fee. (Doc. 4).
Plaintiff was also ordered to provide a properly completed USM-285 form for service by
the United States Marshal for each named defendant in her lawsuit if she desired to
proceed IFP. (Id.) Plaintiff was again provided with copies of the requisite forms, and
given fourteen days to comply. (Id.)
Plaintiff partially complied with this order. On September 22, 2017, she filed
a motion for leave to proceed IFP. (Doc. 5). She also submitted one USM-285 form,
which listed only a handful of the nineteen named defendants. (Id.) The form provided

only one address for service, despite identifying four different defendants. (Id.) Oddly,
two of the four defendants identified on the USM-285 form—“Wernersville State Hos[pital]”
and “DDSP-KC”—are not named in her complaint. (Compare Doc. 6 with Doc. 1). Even
more strangely, the form provides for copy of the notice of service to be sent to “Christ
Jesus De Jesus.” (Doc. 6).
Plaintiff must do more if she desires to move forward with her lawsuit. As
clearly explained in this court’s previous order, if Plaintiff wants the Marshals to serve her
complaint, she must provide a separate USM-285 form for each named defendant. She
must also properly and completely fill out each of those forms. Otherwise, it will be
impossible for the Marshals to serve her complaint, and this court will be required to
dismiss her lawsuit.
ACCORDINGLY, this 27th day of September, 2017, it is ORDERED as
follows:
(1)

Plaintiff’s motion (Doc. 5) for leave to proceed in forma
pauperis is GRANTED.

(2)

Within fourteen (14) days of the date of this order, Plaintiff
shall provide a fully completed USM-285 form for each
named defendant in her complaint that she desires the U.S.
Marshals to serve. Another copy of this form is attached to
this order.

(3)

If Plaintiff fails to comply with this order, this case will be
dismissed. See Fed. R. Civ. P. 4(m). Any named defendant
for which Plaintiff fails to provide a USM-285 form, or that
Plaintiff does not independently serve with process in
accordance with Federal Rule of Civil Procedure 4 within
fourteen days, will be dismissed. Id.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge
2

U.S. Department of Justice
United States Marshals Service

PROCESS RECEIPT AND RETURN
See "Instructions for Service of Process by U.S. Marshal"

PLAINTIFF

COURT CASE NUMBER

DEFENDANT

TYPE OF PROCESS

NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN

{

SERVE
AT

ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)

SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW

Number of process to be
served with this Form 285
Number of parties to be
served in this case
Check for service
on U.S.A.

SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses,
All Telephone Numbers, and Estimated Times Available for Service):
Fold

Fold

Signature of Attorney other Originator requesting service on behalf of:

PLAINTIFF

TELEPHONE NUMBER

DATE

DEFENDANT

SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total
number of process indicated.
(Sign only for USM 285 if more
than one USM 285 is submitted)

Total Process

District of
Origin

District to
Serve

No.

No.

Signature of Authorized USMS Deputy or Clerk

Date

I hereby certify and return that I
have personally served ,
have legal evidence of service,
have executed as shown in "Remarks", the process described
on the individual , company, corporation, etc., at the address shown above on the on the individual , company, corporation, etc. shown at the address inserted below.
I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below)
Name and title of individual served (if not shown above)

A person of suitable age and discretion
then residing in defendant's usual place
of abode

Address (complete only different than shown above)

Date

Time

am
pm

Signature of U.S. Marshal or Deputy

Service Fee

Total Mileage Charges Forwarding Fee
including endeavors)

Total Charges

Advance Deposits

Amount owed to U.S. Marshal* or
(Amount of Refund*)

REMARKS:

DISTRIBUTE TO: 1. CLERK OF THE COURT
2. USMS RECORD
3. NOTICE OF SERVICE
4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment,
if any amount is owed. Please remit promptly payable to U.S. Marshal.
5. ACKNOWLEDGMENT OF RECEIPT

PRIOR EDITIONS MAY BE USED

Form USM-285
Rev. 11/13

U.S. Department of Justice
United States Marshals Service

PROCESS RECEIPT AND RETURN
See "Instructions for Service of Process by U.S. Marshal"

PLAINTIFF

COURT CASE NUMBER

DEFENDANT

TYPE OF PROCESS

NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN

{

SERVE
AT

ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)

SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW

Number of process to be
served with this Form 285
Number of parties to be
served in this case
Check for service
on U.S.A.

SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses,
All Telephone Numbers, and Estimated Times Available for Service):
Fold

Fold

Signature of Attorney other Originator requesting service on behalf of:

PLAINTIFF

TELEPHONE NUMBER

DATE

DEFENDANT

SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total
number of process indicated.
(Sign only for USM 285 if more
than one USM 285 is submitted)

Total Process

District of
Origin

District to
Serve

No.

No.

Signature of Authorized USMS Deputy or Clerk

Date

I hereby certify and return that I
have personally served ,
have legal evidence of service,
have executed as shown in "Remarks", the process described
on the individual , company, corporation, etc., at the address shown above on the on the individual , company, corporation, etc. shown at the address inserted below.
I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below)
Name and title of individual served (if not shown above)

A person of suitable age and discretion
then residing in defendant's usual place
of abode

Address (complete only different than shown above)

Date

Time

am
pm

Signature of U.S. Marshal or Deputy

Service Fee

Total Mileage Charges Forwarding Fee
including endeavors)

Total Charges

Advance Deposits

Amount owed to U.S. Marshal* or
(Amount of Refund*)

REMARKS:

DISTRIBUTE TO: 1. CLERK OF THE COURT
2. USMS RECORD
3. NOTICE OF SERVICE
4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment,
if any amount is owed. Please remit promptly payable to U.S. Marshal.
5. ACKNOWLEDGMENT OF RECEIPT

PRIOR EDITIONS MAY BE USED

Form USM-285
Rev. 11/13