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S.D.N.Y.Procedural orderFiled Jan. 6, 2021

Irizarry v. Commissioner of Social Security

Judge
Sarah Cave
Docket
1:20-cv-10906
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureSocial Security
In one sentence

In Irizarry v. Commissioner of Social Security, Judge Cave ordered the Clerk to arrange service by the U.S. Marshals Service.

Who this affects

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

For law students, journalists, and other readers who want the full reasoning

Case
Irizarry v. Commissioner of Social Security · No. 1:20-cv-10906
Judge
Sarah Cave
Date
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.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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