(SS) Robertson v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

10 11 JAMES ALLEN ROBERTSON, No. 1:20-cv-01332-BAM Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART PLAINTIFF’S MOTION

TO EXTEND TIME FOR SERVICE OF

COMMISSIONER OF SOCIAL

SUMMONS

SECURITY,

15 Defendant. (Doc. No. 7.) 16 Currently before the Court is Plaintiff James Allen Robertson’s (“Plaintiff”) motion to extend the time for service of the summons on Defendant Commissioner of Social Security (“Defendant”) for thirty (30) days. (Doc. No. 7.) For the reasons that follow, Plaintiff’s motion is GRANTED IN PART and DENIED IN PART. Rule 4 of the Federal Rules of Civil Procedure governs service of the summons and complaint and provides, in relevant part:

If a defendant is not served within 90 days after the complaint is filed, the court— on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against the defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure,…