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Rosell v. Comm'r of Soc. Sec.

United States District Court, Western District of Washington
Mar 7, 2023
3:22-cv-05424-TL (W.D. Wash. Mar. 7, 2023)

Opinion

3:22-cv-05424-TL

03-07-2023

DENNIS W. ROSELL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER TO SHOW CAUSE OR FILE ANSWER

TANA LIN, UNITED STATES DISTRICT JUDGE

Plaintiff's Complaint seeking review of the Commissioner's decision denying social security benefits was filed on June 14, 2022. Dkt. No. 4. The Clerk issued summonses the same day. Dkt. No. 5. Plaintiff filed proof of service on November 18, 2022. Dkt. No. 7. Plaintiff's affidavit of service does not state when he served the Commissioner, so the Court assumes he did so on the date he filed the proof of service. Under Federal Rule of Civil Procedure 12(a)(2), the Commissioner was required to serve an answer to Plaintiff's Complaint within 60 days after service, thus the Commissioner's answer was due by January 17, 2023. See also Fed.R.Civ.P. SUPP SS 4. To date, the Commissioner has filed no answer or any response to the complaint.

Accordingly, by no later than March 14, 2023, the Commissioner is ORDERED to (1) show cause why an answer was not timely filed, or (2) file an answer.

The Clerk is directed to send a copy of this Order to the United States Attorney's Office for the Western District of Washington, SSA Clerk Civil Division, by emailing USAWAW.SSAClerk@usdoj.gov.


Summaries of

Rosell v. Comm'r of Soc. Sec.

United States District Court, Western District of Washington
Mar 7, 2023
3:22-cv-05424-TL (W.D. Wash. Mar. 7, 2023)
Case details for

Rosell v. Comm'r of Soc. Sec.

Case Details

Full title:DENNIS W. ROSELL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court:United States District Court, Western District of Washington

Date published: Mar 7, 2023

Citations

3:22-cv-05424-TL (W.D. Wash. Mar. 7, 2023)