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S.D.N.Y.Procedural orderFiled Apr. 9, 2021

Bryant v. Commissioner Of Social Security Of The United States

Judge
Sarah Cave
Docket
1:20-cv-06933
Court
U.S. District Court · Southern District of New York
Pages
2
Social SecurityCivil Procedure
In one sentence

In Bryant v. Commissioner, Magistrate Judge Cave ordered the U.S. Marshals Service to serve the Commissioner after Bryant was allowed to proceed without paying fees.

Who this affects

Renee Bryant, the Commissioner of Social Security, the Clerk of Court, and the U.S. Marshals Service.

What happened

In Bryant v. Commissioner of Social Security, Renee Bryant had permission to proceed without paying court fees. The order addressed how the defendant would receive the lawsuit papers.

The court explained that plaintiffs allowed to proceed without paying fees may rely on the court and the U.S. Marshals Service to complete service. The Clerk of Court was directed to prepare the required service paperwork and summonses.

Magistrate Judge Sarah L. Cave ordered the Clerk to provide the paperwork to the Marshals Service so it could serve the Commissioner of Social Security. The order did not decide the underlying Social Security dispute.

The detailed version

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

Case
Bryant v. Commissioner Of Social Security Of The United States · No. 1:20-cv-06933
Judge
Sarah Cave
Date
Apr. 9, 2021

Background

Renee Bryant sued the Commissioner of Social Security. The opinion states that Bryant had been granted permission to proceed without paying court fees.

Service of Process

Because Bryant had that permission, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendant. Service of process is the formal delivery of lawsuit papers to a defendant.

Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the Commissioner, mark that the service was to be made on the United States, issue summonses, and provide the Marshals Service with the paperwork needed to complete service. The listed service address was the Office of the Regional Chief Counsel, Region II, Social Security Administration, at 26 Federal Plaza in New York, New York.

Disposition

Magistrate Judge Sarah L. Cave entered an order directing the Clerk and the Marshals Service to carry out service. The opinion did not address the merits of Bryant's 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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