Garcia v. Commissioner of Social Security

Background

Hugo Antonio Garcia, proceeding without a lawyer, brought an action challenging the denial of Social Security benefits. The court had granted him permission to proceed without prepaying filing fees. Judge Paul E. Engelmayer adopted the recommendation granting that permission on November 2, 2020.

Service of process

Because Garcia was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendant. The court stated that he could not have served the summons and complaint until the court reviewed the complaint and ordered a summons issued. It therefore extended the deadline for service to 90 days after the summons is issued.

The court instructed the Clerk of Court to complete the U.S. Marshals Service Process Receipt and Return forms, issue a summons, and provide the Marshals Service with the documents needed to serve the Commissioner of Social Security. The order stated that if service is not completed within the applicable period, Garcia should request an extension of time. It also required Garcia to notify the court in writing if his address changes and stated that the court may dismiss the action if he fails to do so.

Disposition

Magistrate Judge Sarah L. Cave ordered the Clerk of Court to transmit the order to Garcia and to provide the Marshals Service with the materials necessary to serve the Commissioner. The opinion did not decide the merits of Garcia’s challenge to the denial of benefits.