Ricky Colmenero v. Commissioner of Social Security
ORDER DIRECTING the Clerk of the Court to Issue Summons and New Case Documents, signed by Magistrate Judge Gary S. Austin on 1/9/17. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
COMMISSIONER OF SOCIAL
ORDER DIRECTING THE CLERK OF
THE COURT TO ISSUE SUMMONS AND
NEW CASE DOCUMENTS
Plaintiff Ricky Colmenero, proceeding pro se, sought review of a decision of the
Commissioner of Social Security denying his applications for supplemental social security
income and disability insurance benefits under the Social Security Act (42 U.S.C. § 301 et seq.).
On September 1, 2015, the Court dismissed Plaintiff’s complaint for failure to state a claim. (Doc.
6). Plaintiff was granted leave to file an amended complaint to remedy the deficiencies. Id.
Plaintiff subsequently filed a First Amended Complaint and a Second Amended Complaint.
(Docs. 8 and 11).
The Court has screened the Second Amended Complaint under 28 U.S.C. § 1915(a), and
finds Plaintiff has set forth a cognizable claim. Service of the complaint upon the Commissioner
is now appropriate.
Accordingly, IT IS HEREBY ORDERED:
(1) The Clerk of the Court is directed to issue the summons and new case documents, send
Plaintiff a copy of this order, a USM-285 form, an instruction sheet, and the Second
Amended Complaint. (Doc. 11).
(2) No later than February 10, 2017, Plaintiff shall complete the following requirements
for service of the Second Amended Complaint:
(a) properly complete and sign the attached Notice of Submission of Documents
(b) properly complete the summons form;
(c) properly complete a USM-285 form;
(d) submit five (5) copies of the Second Amended Complaint; and
(e) provide the completed forms and copies of the complaint to the Clerk of Court.
(3) Plaintiff need not attempt service on Defendants and need not request waiver of
service. Upon receipt of all the documents listed above in section (2), the Court will issue
an order directing the Clerk to forward the completed forms to the United States Marshal
to serve the named Defendants under Rule 4 of the Federal Rule of Civil Procedure,
without payment of costs.
(4) Plaintiff’s failure to comply with this order by February 10, 2017 will result in
dismissal of the action.
IT IS SO ORDERED.
January 9, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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