Holbrooks v. Commissioner of Social Security Administration

Filing 5

ORDER the Plaintiff shall have until 5/6/2014 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). 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 4/29/2014. (cwil, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Crystal Gail Holbrooks, ) ) Plaintiff, ) ) v. ) ) Michael J. Astrue, ) Commissioner of Social Security, ) ) Defendant. ) _____________________________________ ) C/A No. 0:13-3586-JMC-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, Crystal Gail Holbrooks, (“Plaintiff”) initiated this action and filed her Complaint on December 25, 2013. (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 her Complaint, and the Plaintiff has not filed proof of service with the court. It is therefore ORDERED that the Plaintiff shall have until May 6, 2014 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). 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. April 29, 2014 Columbia, South Carolina ____________________________________ Paige J. Gossett UNITED STATES MAGISTRATE JUDGE

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