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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

WILLIE STRAWDER, JR.,

Plaintiff,

v. CASE NO. 1:10-cv-00068-MP-AK

MICHAEL J ASTRUE,

Defendant.

_____________________________/

O R D E R

This cause is before the court on Plaintiff's complaint for judicial review of the final

decision of the Commissioner (Doc. 1), and motion to proceed in forma pauperis with amended

financial affidavit. (Docs. 3 and 6). Previously, the Court had required the Plaintiff to file a

more fully descriptive financial affidavit. The Plaintiff has done so. Upon review, the Court

finds that the motion (doc. 3) should be GRANTED, and Plaintiff should proceed without

payment of Court costs. 

As defendant, Plaintiff has named the Commissioner of the Social Security

Administration. Service upon the Defendant should be made within 120 days pursuant to

Fed.R.Civ.P. 4(m), and service shall be made upon the defendant as well as the United States

Attorney for this district and the Attorney General of the United States as required under Fed. R.

Civ. P. 4(i). 

 Accordingly, it is ORDERED:

1. Leave to proceed in forma pauperis is hereby GRANTED to the extent that this case

may be filed without prepayment of fees.
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Case No: 1:10-cv-00068-MP-AK

2. The clerk of court is directed to send the prepared summons, four certified copies of

this order, the service copies of the complaint, and the prepared USM 285 forms to the United

States Marshal. The United States Marshal shall serve a copy of the complaint and summons

upon the named defendant and the United States Attorney and the Attorney General of the

United States. 

3. The Marshal shall transmit USM 285 forms for the Commissioner of the Social

Security Administration, and for both the United States Attorney and the Attorney General of the

United States to the Plaintiff. Plaintiff shall complete single USM 285 forms for service upon

the named Defendant, Commissioner of Social Security, 6401 Security Blvd., Altmeyer Bldg.,

Room 617, Baltimore, MD 21235; the United States Attorney for the Northern District of

Florida, (to be addressed to: Civil Process Clerk, United States Attorney's Office, Northern

District of Florida, 111 N. Adams Street, 4th Floor, Tallahassee, Florida 32301) and the Attorney

General of the United States (Department of Justice, 10th Street and Constitution Ave. NW,

Washington, D.C. 20530).

The instructions shall require Plaintiff to complete and return the forms to the United

States Marshal's office in Tallahassee within twenty (20) days from the date of receipt thereof. 

Failure by Plaintiff to return the completed forms within this time period may result in the

dismissal of this case.

4. The Marshal shall serve the Commissioner of the Social Security Administration, and

the office of the United States Attorney for this District by sending copies of the summons and

complaint via certified mail to the Attorney General of the United States, to the United States

Attorney for the Northern District of Florida, and to the Commissioner of the Social Security

Administration.
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Case No: 1:10-cv-00068-MP-AK

5. If after 25 days from the mailing of the summons and complaint, the defendant has not

returned a written acknowledgment of service, the Marshal shall so notify the Plaintiff. Plaintiff

shall then send the Marshal an identical copy of the complaint for the Defendant who has not

acknowledged service. Upon receipt of these service copies, the Marshal shall personally serve

that Defendant, and subsequently file with the clerk the return of service.

6. After a response to the complaint has been filed by the defendants, the Plaintiff shall

be required to mail to the attorney for Defendant a copy of every pleading or other paper,

including letters, submitted for consideration by the court. The Plaintiff shall include with the

original paper to be filed with the clerk of court a "certificate of service" which states the date a

correct copy of the paper was mailed to Defendant or to the attorney representing Defendant. 

Any paper submitted for filing after a response to the complaint has been filed by the Defendant

that does not contain a "certificate of service" shall be returned by the clerk and disregarded by

the court.

DONE AND ORDERED this 25th day of May, 2010

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge