Nommensen v. Commissioner of Social Security

Filing 11

ORDER GRANTING Plaintiff's 9 Motion for Extension of Time for USM Forms on or Before January 9, 2017 signed by Magistrate Judge Barbara A. McAuliffe on 12/20/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL THOMAS NOMMENSEN,

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Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,

Case No. 1:16-cv-1442--BAM
ORDER GRANTING PLAINTIFF’S
EXTENSION OF TIME FOR USM FORMS
ON OR BEFORE JANUARY 9, 2017
(Doc. 9)

Defendant.

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Before the Court is Plaintiff Michael Nommensen’s request for an extension of time to
submit his USM-285 form and other service documents to the Office of the Clerk for the Eastern
District of California. According to Plaintiff, he has experienced significant difficulty in
retrieving a copy of his “conformed complaint” through the Court’s PACER system based on the
Court’s procedure of restricting public access to social security filings. (Doc. 9). While on
December 13, 2016, the Clerk’s office agreed to send Plaintiff a copy of his filed complaint by

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U.S. mail, he needs an additional fifteen-day extension of time in order to receive delivery of his
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complaint and provide the Clerk’s office with the required service documentation.
As Plaintiff is proceeding pro se and in forma pauperis in this matter, he is entitled to
service of process by the United States Marshal. See Fed. R. Civ. P. 4(c)(3) (“At the plaintiff’s
request, the court may order that service be made by a United States marshal or deputy marshal
or by a person specially appointed by the court. The court must so order if the plaintiff is

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authorized to proceed in forma pauperis under 28 U.S.C. § 1915 . . . .”).

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Accordingly, for good cause shown, IT IS HEREBY ORDERED that:

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GRANTED;

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Plaintiff’s motion for an extension of time to submit his USM forms is

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Plaintiff DIRECTED to return a completed USM-285 form along with the other

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service documents identified in the “Instructions for Service of Social Security

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Appeals” document to the Clerk’s Office by January 9, 2017;
OFFICE OF THE CLERK
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
2500 Tulare Street, Room 1501
Fresno, California 93721

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3.

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The United States Marshal is DIRECTED to serve a copy of the complaint,
summons, and this order upon the defendant as directed by the plaintiff.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

December 20, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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