Rivas v. Commissioner of Social Security
- Robert Lehrburger
- 1:19-cv-09985
- U.S. District Court · Southern District of New York
- 2
In Rivas v. Commissioner of Social Security, Judge Abrams ordered steps for serving the Commissioner through the U.S. Marshals Service.
Jose Luis Rivas, the Commissioner of Social Security, the Clerk of Court, and the U.S. Marshals Service were affected by the service instructions and deadlines.
What happened
Jose Luis Rivas sued the Commissioner of Social Security and was proceeding without paying filing fees. The court issued an order explaining how he could serve the defendant.
The court directed the Clerk to send Rivas a Marshals Service process form. He had 30 days to return the completed form or request that a summons be issued to him directly. After the summons was issued, service had to be completed within 120 days.
The order did not decide the underlying Social Security dispute. Judge Ronnie Abrams warned that the case could be dismissed for failure to prosecute if Rivas did not complete these steps, serve the defendant, request an extension, or notify the court of an address change.
The detailed version
- Rivas v. Commissioner of Social Security · No. 1:19-cv-09985
- Robert Lehrburger
- Nov. 19, 2019
Background
Jose Luis Rivas brought this action against the Commissioner of Social Security. The order states that Rivas was proceeding without paying filing fees. It does not decide the merits of his Social Security claim.
Service instructions
To allow Rivas to serve the Commissioner through the U.S. Marshals Service, the Clerk of Court was directed to send him one U.S. Marshals Service Process Receipt and Return form, known as a USM-285 form. Rivas had 30 days from the order's date to complete the form for the defendant and return it to the court.
If Rivas did not want to use the Marshals Service, he had to notify the court in writing within 30 days and request that a summons be issued directly to him. The order warned that, if he did neither, the court could dismiss the action under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute.
After receiving the completed form, the Clerk was directed to issue a summons and provide the necessary paperwork to the Marshals Service. Regardless of the service method, Rivas had to complete service within 120 days after the summons was issued. The order placed responsibility on Rivas to check with the Marshals Service about whether service had occurred and, if necessary, request more time. It also required him to promptly notify the court in writing of any address change and warned that failure to do so could result in dismissal.
Disposition
This was an order of service, not a ruling on whether Rivas was entitled to Social Security benefits or other relief. Judge Ronnie Abrams directed the Clerk to mail a copy of the order to Rivas and set the stated deadlines and possible consequences for failing to prosecute the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.