Veltkamp v. Commissioner of Social Security

Filing 13

ORDER Directing the Clerk of the Court to Issue Summons and New Case Documents, signed by Magistrate Judge Gary S. Austin on 8/23/17. Deadline: 9/29/2017 (Attachments: # 1 USM Forms & Instructions)(Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 KATHLENE VELTCAMP, 11 Plaintiff, 12 v. 13 14 1:17-cv-580-GSA COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 ORDER DIRECTING THE CLERK OF THE COURT TO ISSUE SUMMONS AND NEW CASE DOCUMENTS (Doc. 12) Plaintiff Kathlene Veltcamp, proceeding pro se, sought review of a decision of the 18 Commissioner of Social Security denying her applications for supplemental social security 19 income and disability insurance benefits under the Social Security Act (42 U.S.C. § 301 et seq.). 20 On May 4, 2017, the Court dismissed Plaintiff’s complaint for failure to state a claim. (Doc. 5). 21 Plaintiff was granted leave to file an amended complaint to remedy the deficiencies. Id. Plaintiff 22 subsequently filed a First Amended Complaint and a Second Amended Complaint. (Docs. 10 and 23 12). 24 The Court has screened the Second Amended Complaint under 28 U.S.C. § 1915(a), and 25 finds Plaintiff has set forth a cognizable claim. Service of the complaint upon the Commissioner 26 is now appropriate. 27 /// 28 1 1 Accordingly, IT IS HEREBY ORDERED: 2 (1) The Clerk of the Court is directed to issue the summons and new case documents, send 3 Plaintiff a copy of this order, a USM-285 form, an instruction sheet, and the Second 4 Amended Complaint. (Doc. 12). 5 (2) No later than September 29, 2017, Plaintiff shall complete the following 6 requirements for service of the Second Amended Complaint: 7 (a) properly complete and sign the attached Notice of Submission of Documents 8 form; 9 (b) properly complete the summons form; 10 (c) properly complete a USM-285 form; 11 (d) submit five (5) copies of the Second Amended Complaint; and 12 (e) provide the completed forms and copies of the complaint to the Clerk of Court. 13 (3) Plaintiff need not attempt service on Defendants and need not request waiver of 14 service. Upon receipt of all the documents listed above in section (2), the Court will issue 15 an order directing the Clerk to forward the completed forms to the United States Marshal 16 to serve the named Defendants under Rule 4 of the Federal Rule of Civil Procedure, 17 without payment of costs. 18 (4) Plaintiff’s failure to comply with this order by September 29, 2017 will result in 19 dismissal of the action. 20 21 22 IT IS SO ORDERED. Dated: August 23, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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