Kennedy v. Commissioner of Social Security Administration

Filing 16

ORDER notifying Plaintiff he shall have until April 21, 2015 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 show good cause for failure to serve pursuant to Rule 4(m). Signed by Magistrate Judge Paige J. Gossett on 04/14/2015. (bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Danny R. Kennedy, ) ) Plaintiff, ) ) v. ) ) Carolyn W. Colvin, Acting Commissioner of ) Social Security, ) ) Defendant. ) _____________________________________ ) C/A No. 0:14-4628-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. The plaintiff, Michael Fields, (“Plaintiff”) initiated this action and filed his Complaint on December 5, 2014. (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. It is therefore ORDERED that the Plaintiff shall have until April 21, 2015 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 14, 2015 Columbia, South Carolina ____________________________________ Paige J. Gossett UNITED STATES MAGISTRATE JUDGE Page 1 of 1

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