Morris v. Commissioner of Social Security

Background

Eulena Morris, appearing without a lawyer, brought an action challenging the denial of her Social Security benefits. In an earlier order, Judge Paul A. Engelmayer allowed Morris to proceed without prepaying court fees. The case was referred to the undersigned judge for Social Security and general pretrial matters.

Service of process

Because Morris was allowed to proceed without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendant. Federal Rule of Civil Procedure 4 generally requires service within 90 days after a complaint is filed, but Morris could not have served the summons and complaint before the court reviewed the complaint and directed that a summons be issued.

The court therefore extended Morris’s service deadline until 90 days after the summons was issued. It stated that, if service was not completed within that period, Morris should ask for an extension of time.

Order

The court directed the Clerk of Court to complete the required U.S. Marshals Service Process Receipt and Return forms, issue a summons, and deliver the necessary documents to the Marshals Service so it could serve the Commissioner of Social Security. The Clerk was also directed to mail Morris a copy of the order. Morris was required to notify the court in writing of any address change, and the court stated that it could dismiss the action if she failed to do so.

The opinion identifies the judge in its opening as “Sarah L. Cave,” but the signature block reads “GABAH L. CAVE.” This summary uses the name shown in the signature block, as required for the judge’s signed name.