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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

DAVID T. RHODEN,

Plaintiff,

v. CASE NO. 1:11-cv-00026-MP-GRJ

MICHAEL J ASTRUE,

Commissioner of Social Security,

Defendant.

_____________________________/

O R D E R

This matter is before the Court on Plaintiff’s Motion to Proceed in Forma

Pauperis. (Doc. 3.) The Court has reviewed the financial affidavit and finds that the

Plaintiff is unable to pay the costs of this action pursuant to 28 U.S.C. § 1915(a) and

therefore leave to proceed in forma pauperis is due to be granted. 

Plaintiff has named the Commissioner of the Social Security Administration as

the Defendant. 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 (Doc. 3) is GRANTED to the extent that

this case may be filed without prepayment of fees.

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
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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, 10 Street and Constitution Ave. NW, Washington, D.C. th

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.

5. If after 25 days from the mailing of the summons and complaint, the

Case No: 1:10-cv-00203-MP -GRJ
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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.

DONE AND ORDERED this 16 day of February, 2011. 

th

s/ Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case No: 1:10-cv-00203-MP -GRJ