Mikell v. Commissioner of Social Security Administration

Filing 6

ORDER notifying the Plaintiff he shall have until June 18, 2018 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 06/11/2018. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Benjamin Stiles Mikell, Jr.,

)
)
Plaintiff,
)
)
v.
)
)
Nancy A. Berryhill, Acting Commissioner of )
Social Security,
)
)
Defendant.
)
_____________________________________ )

C/A No. 0:18-645-AMQ-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, Benjamin
Stiles Mikell, Jr., initiated this action and filed his Complaint on March 8, 2018. (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 June 18, 2018 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.
June 11, 2018
Columbia, South Carolina

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE

Page 1 of 1