Irizarry v. Commissioner of Social Security
- Sarah Cave
- 1:20-cv-10906
- U.S. District Court · Southern District of New York
- 2
In Irizarry v. Commissioner of Social Security, Judge Cave ordered the Clerk to arrange service by the U.S. Marshals Service.
Judy Irizarry, the Commissioner of Social Security, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Irizarry v. Commissioner of Social Security, Judy Irizarry had permission to proceed without paying court fees.
Because of that permission, the court said Irizarry could rely on the court and the U.S. Marshals Service to serve the Commissioner of Social Security.
Judge Sarah L. Cave instructed the Clerk of Court to prepare the service form, issue summonses, and give the necessary papers to the Marshals Service.
The detailed version
- Irizarry v. Commissioner of Social Security · No. 1:20-cv-10906
- Sarah Cave
- Jan. 6, 2021
Background
Judy Irizarry was granted permission to proceed in forma pauperis, meaning she could proceed without paying the court fees required to begin the case. The order explains that a plaintiff with that permission may rely on the court and the U.S. Marshals Service to serve the defendant.
Service Instructions
To allow service on the Commissioner of Social Security through the U.S. Marshals Service, the court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the defendant. The Clerk was also instructed to mark the form for service on the United States, issue summonses, and deliver all paperwork needed for service to the Marshals Service.
The opinion lists the service address as the Office of the Regional Chief Counsel, Region II, Social Security Administration, 26 Federal Plaza, Room 3904, New York, New York 10278-0004.
Ruling
Judge Sarah L. Cave issued an order of service directing the Clerk to take these steps so the Marshals Service could serve the Commissioner of Social Security. The order addresses service and does not state a ruling on the underlying Social Security claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.