Allen v. Commissioner of Social Security et al

Filing 10

ORDER DIRECTING the Clerk of the Court to Issue Summons and New Case Documents and Send Plaintiff a copy of this order, a USM-285 form, an instruction sheet, and a copy of the First Amended Complaint, signed by Magistrate Judge Gary S. Austin on 09/4/17. (Case Management Deadline: 10/6/2017) (Attachments: # 1 USM Social Security Instructions, # 2 First Amended Complaint)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:17-cv-702-GSA

ERICKA ALLEN,

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Plaintiff,
v.

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COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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ORDER DIRECTING THE CLERK OF
THE COURT TO ISSUE SUMMONS AND
NEW CASE DOCUMENTS

(Doc. 9)

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Plaintiff Ericka Allen, proceeding pro se, sought review of a decision of the

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Commissioner of Social Security denying her applications for supplemental social security

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income and disability insurance benefits under the Social Security Act (42 U.S.C. § 301 et seq.).

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On July 6, 2017, the Court dismissed Plaintiff’s complaint for failure to state a claim. (Doc. 6).

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Plaintiff was granted leave to file an amended complaint to remedy the deficiencies. Id. Plaintiff

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subsequently filed a First Amended Complaint. (Docs. 9).

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The Court has screened the Second Amended Complaint under 28 U.S.C. § 1915(a), and

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finds Plaintiff has set forth a cognizable claim. Service of the complaint upon the Commissioner

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is now appropriate.

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Accordingly, IT IS HEREBY ORDERED:

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(1) The Clerk of the Court is directed to issue the summons and new case documents, send

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Plaintiff a copy of this order, a USM-285 form, an instruction sheet, and the First

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Amended Complaint. (Doc. 9).

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(2) No later than October 6, 2017, Plaintiff shall complete the following requirements

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for service of the Second Amended Complaint:

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(a) properly complete and sign the attached Notice of Submission of Documents

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form;

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(b) properly complete the summons form;

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(c) properly complete a USM-285 form;

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(d) submit five (5) copies of the Second Amended Complaint; and

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(e) provide the completed forms and copies of the complaint to the Clerk of Court.

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(3) Plaintiff need not attempt service on Defendants and need not request waiver of

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service. Upon receipt of all the documents listed above in section (2), the Court will issue

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an order directing the Clerk to forward the completed forms to the United States Marshal

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to serve the named Defendants under Rule 4 of the Federal Rule of Civil Procedure,

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without payment of costs.

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(4) Plaintiff’s failure to comply with this order by October 6, 2017 will result in dismissal

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of the action.

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IT IS SO ORDERED.
Dated:

September 4, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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