Holden et al v. Commissioner of Social Security

Filing 7

ORDER DIRECTING Clerk to Issue New Case Documents; ORDER DIRECTING Clerk to Send Plaintiffs Service Documents; ORDER DIRECTING Plaintiffs to Timely Complete and Return Service Documents, signed by Magistrate Judge Sandra M. Snyder on 7/1/11. (Attachments: # 1 USM Social Security Instructions Packet)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BENJAMIN HOLDEN and
RASHEEDA HOLDEN,

1:11-cv-00716-SMS

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ORDER DIRECTING CLERK TO
ISSUE NEW CASE DOCUMENTS

Plaintiffs,
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v.

ORDER DIRECTING CLERK TO
SEND PLAINTIFFS SERVICE
DOCUMENTS

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MICHAEL J. ASTRUE,
Commissioner of Social Security,

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Defendant.

ORDER DIRECTING PLAINTIFFS
TO TIMELY COMPLETE AND
RETURN SERVICE DOCUMENTS

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Plaintiffs, Benjamin Holden and his daughter, Rasheeda Holden, proceeding pro se and in

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forma pauperis, are appealing the Commissioner’s determination that Benjamin Holden is

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ineligible for social security disability benefits. On May 10, 2011, this Court screened Plaintiffs’

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complaint. Plaintiffs were provided with the opportunity to either file an amended complaint,

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more clearly setting forth their intended claims, or notify the Court, in writing, of their wish to

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proceed only on the claims identified by the Court in their original complaint, on or before June

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10, 2011. Plaintiffs were also advised that if they failed to respond by June 10, 2011, this action

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would proceed on their original complaint. To date, plaintiffs have not filed an amended

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complaint or otherwise notified the court, in writing.

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Accordingly, it is HEREBY ORDERED that:

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1.

Service shall be initiated on the Defendant.

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2.

The Clerk of the Court shall send Plaintiffs:
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a.

One (1) copy of this order

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b.

One (1) USM-285 form

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c.

One (1) summons

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d.

One (1) Notice of Submission of Documents form

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e.

One (1) instruction sheet; and,

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f.

One (1) endorsed copy of the 1-page complaint only (without the 70+

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pages of medical records pursuant to court order striking same) filed on

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April 28, 2011.

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3.

Within thirty (30) days from the date of service of this order, Plaintiffs shall

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complete the attached USM-285 form return the completed Notice to the Court

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with the following documents:

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a.

One (1) completed summons for the Defendant;

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b.

One (1) completed USM-285 form for the Defendant;

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c.

One (1) copy of the Order Granting Motion to Proceed In Forma Pauperis

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(Doc. 5); and,

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c.

One (1) endorsed copy of the 1-page complaint only (without the 70+

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pages of medical records pursuant to court order striking same) filed on

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April 28, 2011.

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4.

Plaintiffs should not attempt service on the Defendant and should not request

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waiver of service. Upon receipt of the above-described documents, the Court will

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direct the United States Marshal to serve the Defendant pursuant to Federal Rule

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of Civil Procedure 4 without payment of costs.

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5.

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A FAILURE TO TIMELY COMPLY WITH THIS ORDER WILL RESULT
IN DISMISSAL OF THIS ACTION FOR FAILURE TO PROSECUTE.

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IT IS SO ORDERED.

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Dated:
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July 1, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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