Jackson v. Commissioner of Social Security Administration

Filing 9

ORDER notifying the plaintiff he is to provide the court with proof of service on the defendant by 02/04/2013 and that failure to do so will result in a recommendation that this case be dismissed for failure to serve. Signed by Magistrate Judge Paige J Gossett on 01/28/2013. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Dwayne Jackson,

)
)
Plaintiff,
)
)
v.
)
)
Michael J. Astrue,
)
Commissioner of Social Security,
)
)
Defendant.
)
_____________________________________ )

C/A No. 0:12-2572-RBH-PJG

ORDER

This social security action is before this court pursuant to 42 U.S.C § 405(g) for review of
a final decision of the Commissioner of the Social Security Administration (“Commissioner”). The
plaintiff, Dwayne Jackson, (“Plaintiff”) initiated this action and filed his Complaint on September
6, 2012. (ECF No. 1.)
The Federal Rules of Civil Procedure state that a plaintiff must serve a defendant within 120
days after the complaint is filed and, unless service is waived, must provide proof of service to the
court. Fed. R. Civ. P. 4(l)(1) and 4(m). As of the date of this order, more than 120 days has passed
since the Plaintiff initiated this action by filing his Complaint and the Plaintiff has not filed proof
of service with the court nor provided completed USM-285 forms so that service can be effected by
the U.S. Marshal’s Service pursuant to Rule 4(c)(3) of the Federal Rules of Civil Procedure. It is
therefore
ORDERED that the Plaintiff shall have until February 4, 2013 to provide the court with
proof of service of the Complaint upon the defendant in accordance with Federal Rule of Civil
Procedure 4(l)(1), or to show good cause for failure to serve pursuant to Rule 4(m), or to provide

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USM-285 for service by the U.S. Marshal. Failure to do so will result in a recommendation that
this case be dismissed for failure to serve. Fed. R. Civ. P. 4(m).
IT IS SO ORDERED.
____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
January 28, 2013
Columbia, South Carolina

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