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Huber v. Astrue

United States District Court, Eighth Circuit

January 28, 2014

JAMES P. HUBER and ARDELLA S. HUBER, Plaintiffs,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

ORDER

RICHARD G. KOPF, Senior District Judge.

IT IS ORDERED that Plaintiffs' motions for leave to proceed in forma pauperis (filings 2 and 3) are granted, and, accordingly, that:

1. Plaintiffs shall be allowed to proceed without payment of the filing fee.

2. The Clerk of the court shall send THREE summons forms and THREE USM-285 forms to Plaintiffs for service of process on the United States. Federal Rule of Civil Procedure 4(m) requires service of process by no later than 120 days after the filing of a civil complaint.

3. Plaintiffs shall, as soon as possible, complete the forms (see attached Notice for persons to be served) and send the completed summonses and USM-285 forms back to the Clerk of the court. In the absence of those forms, service of process cannot occur.

4. Upon receipt of the completed summons forms and USM-285 forms, the Clerk shall sign the summonses and forward them, together with copies of the complaint, to the U.S. Marshal for service on the United States.

5. The Marshal shall serve the United States, without payment of costs or fees. Service shall be effected pursuant to Federal Rule of Civil Procedure 4(i) regarding "[s]erving the United States and Its Agencies, Corporations, Officers, or Employees."


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