Hernandez v. Commissioner of Social Security

Filing 4

ORDER GRANTING 3 Motion to Proceed IFP; ORDER Directing Clerk to Issue Summons and New Case Documents; ORDER Directing Plaintiff to Complete and Return Service Documents; and ORDER Directing Plaintiff to File Statement Regarding Address signed by Magistrate Judge Sheila K. Oberto on 3/12/2015. Service documents due within forty-five (45) days. Notice regarding address due by 3/27/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CARLOS HERNANDEZ,

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Plaintiff,
ORDER GRANTING PLAINTIFF'S
APPLICATION TO PROCEED IN
FORMA PAUPERIS

v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

Defendant.

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Case No. 1:15-cv-00262-SKO

_____________________________________/

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Plaintiff Carlos Hernandez filed a complaint on February 19, 2015. (Docs. 1.) The Court

21 ordered Plaintiff to either pay the filing fee or submit a completed application to proceed in forma
22 pauperis. (Doc. 2.) On March 11, 2015, Plaintiff filed an application to proceed in forma
23 pauperis. Plaintiff’s application demonstrates entitlement to proceed without prepayment of fees.
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Plaintiff's application also contains a letter from the Assistant Director of Homeless

25 Services at the Salvation Army Berberian Emergency Shelter stating that Plaintiff is staying at that
26 facility. It is unclear whether Plaintiff is updating his address with this information. Plaintiff shall
27 file a short statement indicating whether his mailing address should be updated with this
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Accordingly, IT IS HEREBY ORDERED THAT:

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1.

Plaintiff’s application to proceed in forma pauperis is GRANTED;

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2.

The Clerk of Court is DIRECTED to issue the following:

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a.

A summons; and

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b.

New Social Security Case Documents including Social Security USM-285

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Forms;
3.

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USM-285 Forms;
4.

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Within 45 days from the date of this order Plaintiff shall complete and return the

The United States Marshal shall serve a copy of the complaint, summons, and this
order upon the defendant as directed by Plaintiff in the USM-285 Form;

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On or before March 27, 2015, Plaintiff shall file a short statement indicating

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whether his address should be updated with the information contained in his

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application to proceed in forma pauperis; and

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6.

The Clerk of Court is directed to serve this order to Plaintiff's address of record

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and to the following location:

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Carlos Hernandez
c/o of The Salvation Army Berberian Emergency Shelter
320 9th Street
Modesto, CA 95351

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IT IS SO ORDERED.
Dated:

March 12, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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