BAXTER v. COMMISSIONER OF SOCIAL SECURITY

No. 16-13661.

SHERRY BAXTER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

United States District Court, E.D. Michigan, Southern Division.

Editors Note
Applicable Law: 42 U.S.C. § 205
Cause: 42 U.S.C. § 205 Denial Social Security Benefits
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER


Attorney(s) appearing for the Case

Sherry L. Baxter, Plaintiff, represented by Robert P. Soto , Stephen A. Skiver & Associates, LLC.


ORDER EXTENDING SUMMONS

R. STEVEN WHALEN, Magistrate Judge.

This is a Social Security Disability case. On May 22, 2017, I ordered Plaintiff to show cause why her complaint should not be dismissed for failure of timely service [Doc. #7]. In response, Plaintiff filed a cursory Motion to Re-Issue Summons [Doc. #8].

Under Fed.R.Civ.P. 4(m), a party who shows good cause for failure of timely service must be granted an extension. Here, Plaintiff has offered no explanation as to why her complaint was not served, and merely asks that the summons be re-issued. This falls far short of a showing of good cause.

Rule 4(m) also provides that the Court may extend the time of service even if good cause is not shown. In the exercise of my discretion I will do that. The Plaintiff's motion to re-issue summons [Doc. #8] is GRANTED, and the time for service is extended 30 days from the date of this Order. Plaintiff's failure to properly and timely serve the complaint and summons will result in a recommendation that the complaint be dismissed.

I also note that counsel, whose office is in Ohio, was granted leave to proceed without obtaining local counsel. Given counsel's lack of attention to this case, and his apparent unfamiliarity with this Court's expectations, this Court will look skeptically at any future requests for waiver of local counsel.

IT IS SO ORDERED.


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