HENDRICKSON v. COLVIN

Filing 2

MEMORANDUM AND ORDER OF COURT. No later than 10/24/14, plaintiff shall either provide proof of service of complaint and summons on defendant or provide, in writing, good cause for not yet having effectuated service. Should plaintiff fail to provide proof of service, or to establish good cause, by 10/24/14, this civil action will be dismissed without prejudice pursuant to Fed.R.Civ.P. 4(m). See Memorandum and Order of Court for further details. Signed by Judge Gustave Diamond on 10/8/14. (kw)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MARGARET CASEY HENDRICKSON

v.

)
)

)

CAROL YN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY

)
)
)
)

Civil Action No. 13-1074

MEMORANDUM AND ORDER OF COURT

On July 24, 2013, Margaret Casey Hendrickson ("plaintiff'), proceeding pro se, filed a
complaint against defendant Carolyn W. Colvin, the Acting Commissioner of Social Security, for
review of a final decision denying her application for social security disability insurance benefits
and supplemental security income. The docket in this case reflects that no summons was ever
issued, thus defendant has never been served with a copy ofthe summons and plaintiffs complaint.
According to Federal Rule of Civil Procedure 4(b), after a complaint is filed, the plaintiff
may present a summons to the clerk ofcourt for signature and seal, and, ifthe summons is properly
completed, the clerk must sign, seal and issue it to the plaintiff for service on the defendant. As
stated, there is no indication in this case that plaintiff obtained a summons for service upon
defendant.
We are mindful that, as a pro se litigant, plaintiffhas less familiarity with the Federal Rules
of Civil Procedure than a plaintiff who is represented by counsel. However, all litigants must
comply with the Rules regardless of whether they are represented by counsel. See Sykes v.
Blockbuster Video, 204 Fed. Appx. 961, 963 (3d Cir. 2006) (stating that "a litigant's compliance

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with the Federal Rules of Civil Procedure is expected whenever he or she files a law suit in federal
court" and observing that such compliance is expected ofall litigants "whether they are represented
by counselor not"). Moreover, even though plaintiff proceeded pro se, she had access to a
document entitled "Pro Se Package - A Simple Guide to Filing a Civil Action," which is readily
available to the public at the Clerk's Office or on the court's official website, to guide ger through
the process of filing a complaint, the fonus that must be completed and submitted with the
complaint, including a summons, and completing service on defendant.
In addition to obtaining a summons, "plaintiff is responsible for having the summons and
complaint served within the time allowed by Rule 4(m)." See Fed.R.Civ.P. 4(c)(1). In turn, Rule
4(m) requires that a defendant be served "within 120 days after the complaint is filed." Rule 4(1)
dictates that proof of service must be made to the court.
The period allowed for plaintiffto serve the summons and complaint expired on November
21,2013, which was 120-days after the filing ofthe complaint on July 24,2013. As of the date of
this order, nearly 11 months after the expiration ofthe allowable time, the record contains no proof
that service has been made.
Rule 4(m) provides that if a defendant is not served within 120 days after the complaint is
filed, the court, on motion or on its own after notice to the plaintiff, must dismiss the action without
prejudice or order that service be made within a specified time. However, if the plaintiff shows
good cause for the failure, the court must extend the time for service for "an appropriate period."
Accordingly, the court will enter an order that, no later than October 24,2014, plaintiff
must either provide proof of service of the summons and complaint or provide, in writing, good
cause for not yet having effectuated service. If good cause is established the court briefly will

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extend the time for service. If proof of service is not made to the court by October 24, 2014, or
good cause is not established, this action will be dismissed without prejudice. 1
An appropriate order follows.

Dated:

d~ !,
I

cJo/'/

~~
Gustave Diamond
United States District Judge

lIfplaintiffno longer intends to pursue this action, she also may file a notice ofvoluntary dismissal
under Fed.R.Civ.P. 41(a)(l )(A) at any time prior to October 24, 2014.
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IN THE UNITED STATES DISTRlCT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MARGARET CASEY HENDRICKSON,

v.

)
)
)

)
)

CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY

Civil Action No. 13-1074

)
)
)

ORDER OF COURT
('J

f4..­

AND NOW, this ---:tJ=-- day ofOctober, 2014, pursuant to Rule 4(m) ofthe Federal Rules
of Civil Procedure, IT IS ORDERED that no later than October 24,2014, plaintiff Margaret Casey
Hendrickson shall either provide proof of service on defendant of the summons and complaint in
this civil action or provide, in writing, good cause for not yet having effectuated service. Should
plaintiff fail to provide proof ofservice, or to establish good cause, by October 24, 2014, this action
will be dismissed without prejudice.

~d~~
Gustave Diamond
United States District Judge

cc:

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Margaret Casey Hendrickson