Julius v. Commissioner of Social Security

Background

Elizabeth Julius was proceeding without paying filing fees. The court issued an order explaining how she could serve the Commissioner of Social Security through the U.S. Marshals Service or request a summons to serve the defendant herself.

Service Instructions

The Clerk of Court was directed to send Julius one U.S. Marshals Service Process Receipt and Return form, known as a USM-285 form. Within 30 days after the order, Julius had to complete and return the form for the defendant. Alternatively, she could notify the court in writing within that 30-day period that she did not want to use the Marshals Service and request that a summons be issued directly to her.

After receiving the completed form, the Clerk was directed to issue a summons and provide the Marshals Service with the paperwork needed to serve the Commissioner. Regardless of which service method Julius chose, she had to complete service within 120 days after the summons was issued. The order stated that Julius was responsible for checking with the Marshals Service about whether service had occurred and, if necessary, requesting an extension of time.

Warnings and Disposition

The court warned that it may dismiss the action for failure to prosecute if Julius did not return the USM-285 form or request a summons within 30 days, or if she did not complete service or request an extension within 120 days after the summons was issued. The court also stated that Julius had to promptly notify the court in writing if her address changed and that the action could be dismissed if she failed to do so.

Judge Robert W. Lehrburger entered an order of service. This order addressed case-administration and service requirements; it did not decide the merits of Julius’s Social Security claim.