Cottingham v. Commissioner of Social Security Administration

Filing 7

ORDER directing the Plaintiff to provide the court with proof of service of the Complaint upon the defendant in accordance with the Federal Rules of Civil Procedure by October 23, 2017, or show good cause for failure to serve pursuant to Rule 4(m). Failure to do so will result in this case being dismissed for failure to serve. Signed by Magistrate Judge Paige J. Gossett on 10/16/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Patrick D. Cottingham,

)
)
Plaintiff,
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v.
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Carolyn W. Colvin, Acting Commissioner of )
Social Security,
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)
Defendant.
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_____________________________________ )

C/A No. 0:17-1833-TLW-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, Patrick
D. Cottingham (“Plaintiff”), initiated this action and filed his Complaint on July 12, 2017. (ECF No.
1.)
The Federal Rules of Civil Procedure state that a plaintiff must serve a defendant within 90
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 90 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 October 23, 2017 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). Failure to do so
will result in this case being dismissed for failure to serve. Fed. R. Civ. P. 4(m).
IT IS SO ORDERED.
October 16, 2017
Columbia, South Carolina

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE

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