Webb v. Astrue
Filing
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ORDER The Clerk of the Court shall serve the United States Attorney for the District of Nevada by delivering a copy of the 4 Summons and 3 Complaint to the U.S. Marshal for service. The Clerk of Court shall also re-serve the United States Attorney General. Signed by Magistrate Judge Peggy A. Leen on 1/30/2013. (Copies have been distributed pursuant to the NEF - SLR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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KIMBERLY D. WEBB,
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Plaintiff,
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vs.
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MICHAEL J. ASTRUE, COMMISSIONER OF
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SOCIAL SECURITY ADMINISTRATION,
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Defendant.
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__________________________________________)
Case No. 2:12-cv-01850-MMD-PAL
ORDER
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This matter is before the court based on the court’s review of the docket. Plaintiff is proceeding
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in this action for Social Security disability benefits in forma pauperis but is represented by counsel.
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On November 7, 2012, the court entered an Order (Dkt. #2) screening Plaintiff’s Complaint
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(Dkt. #3) pursuant to 28 U.S.C. § 1915 and directing the Clerk of Court to serve the Complaint
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pursuant to Rule 4(i) of the Federal Rules of Civil Procedure. Specifically, the Screening Order
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directed the Clerk of the Court to issue summons for and serve process upon the Office of General
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Counsel Region IX for the Social Security Administration in San Francisco, California; and the
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Attorney General in Washington, D.C.1 See Order (Dkt. #2). The Clerk issued Summons (Dkt. #4) and
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mailed them with the Complaint to the Office of General Counsel and the Attorney General by certified
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mail as directed in the Screening Order. See Certified Mail Receipts (Dkt. #5). The docket reflects that
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service is complete on the Office of General Counsel. See Certificate of Service (Dkt. #7). No certified
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mail return receipt has been entered on the docket confirming service on the United States Attorney
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General.
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See 70 Fed. Reg. 73320 (Dec. 9, 2005); 20 C.F.R. § 423.1.
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Additionally, the Screening Order (Dkt. #2) directed the Clerk of Court to issue summons to the
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United States Attorney for the District of Nevada and deliver the summons to the U.S. Marshal for
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service. The Clerk issued Summons (Dkt. #4), but the docket does not reflect that it was delivered with
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the Complaint to the U.S. Marshal for service or that the U.S. Marshal has effected service of process
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on the United States Attorney.
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Having reviewed and considered the matter,
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IT IS ORDERED:
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1.
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by delivering a copy of the Summons (Dkt. #4-2) and Complaint (Dkt. #3) to the U.S.
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The Clerk of the Court shall serve the United States Attorney for the District of Nevada
Marshal for service or file proof of service if service has been made.
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The Clerk of Court shall also re-serve the United States Attorney General with the
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Summons (Dkt. #4-1) and Complaint (Dkt. #3) by certified mail and file proof of
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mailing and effective service.
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Dated this 30th day of January, 2013.
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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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