Cleveland v. Commissioner of Social Security

Filing 12

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/18/12 ORDERING that the 04/30/12 10 Findings and Recommendations are VACATED; the 03/14/12 9 OSC is DISCHARGED; Clerk to re-serve docket numbers 3 and 4 . Within 14 days, plaintiff shal l submit to the United States Marshal an original and five copies of the completed summons, five copies of the complaint, and five copies of the scheduling order, and shall file a statement with the court that said documents have been submitted to the USM (cc: USM). (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN A. CLEVELAND,
Plaintiff,

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vs.

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No. CIV S-11-0435 EFB

MICHAEL J. ASTRUE,
Commissioner of Social Security,

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Defendant.

ORDER

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On May 5, 2011, the court ordered plaintiff to, within 14 days, submit documents for

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service of process to the United States Marshal, and to file a statement with the court that said

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documents had been submitted. Dckt. No. 3. Plaintiff failed to comply with that order. On

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March 14, 2012, plaintiff was ordered to comply with the May 5, 2011 order within 14 days and

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warned that failure to comply would result in dismissal of this case. Dckt. No. 9. Plaintiff failed

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to respond to that order, and on April 30, 2012, the undersigned issued findings and

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recommendations recommending the instant action be dismissed for failure to prosecute. Dckt.

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No. 10.

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Plaintiff filed objections to the findings and recommendations. Dckt. No. 11. In his

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objections, plaintiff states that he is homeless and does not timely receive mail. He further states

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that he does not know if he received a copy of the court’s May 5, 2012 order. In light of plaintiff

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proceeding without counsel and his difficulty receiving mail, the court will give plaintiff one

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more opportunity to submit the necessary documents for service of process to the United States

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Marshal. Plaintiff is warned that failure to comply with this order will once again result in a

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recommendation that this case be dismissed.

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Accordingly, it is ORDERED that:

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1. The April 30, 2012 findings and recommendations are vacated.

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2. The March 14, 2012 order to show cause is discharged.

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3. The Clerk of the Court shall reserve Docket Numbers 3 and 4 on plaintiff.

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4. Within fourteen days from the date of this order, plaintiff shall submit to the United

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States Marshal an original and five copies of the completed summons, five copies of the

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complaint, and five copies of the scheduling order, and shall file a statement with the court that

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said documents have been submitted to the United States Marshal.

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5. The United States Marshal is directed to serve all process without prepayment of costs

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not later than sixty days from the date of this order. Service of process shall be completed by

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delivering a copy of the summons, complaint, and scheduling order to the United States Attorney

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for the Eastern District of California, and by sending two copies of the summons, complaint, and

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scheduling order by registered or certified mail to the Attorney General of the United States at

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Washington, D.C. See Fed. R. Civ. P. 4(i)(1)(A) & (B). The Marshal shall also send a copy of

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the summons, complaint, and scheduling order by registered or certified mail to the

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Commissioner of Social Security, c/o Office of General Counsel, 6401 Security Blvd., Room

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611, Altmeyer Bldg., Baltimore, MD 21235. See Fed. R. Civ. P. 4(i)(2). The United States

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Marshal shall thereafter file a statement with the court that said documents have been served.

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IT IS SO ORDERED.
Dated: May 18, 2012.

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