Bustos v. Commissioner of Social Security

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 8/10/11 ORDERING that Pltf's 4 Motion to Proceed IFP is GRANTED. The Clerk is directed to serve the undersigned's scheduling order in Social Security cases. The Clerk is further directed to serve a copy of this order on the USM. Within 14 days Pltf shall submit service docs to the USM and file a statement with the court that said documents have been submitted. (cc: USM) (Becknal, R)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ROBERT V. BUSTOS,

11

Plaintiff,

12
13
14

v.
COMMISSIONER OF SSA,
Defendant.

15
16

No. 2:11-cv-01953 KJN

ORDER
/

Plaintiff has requested leave to proceed without the prepayment of fees and costs,

17

also referred to as proceeding in forma pauperis, pursuant to 28 U.S.C. § 1915. Plaintiff has

18

submitted the required affidavit, which demonstrates that plaintiff is unable to prepay fees and

19

costs or give security for them. Accordingly, the request to proceed in forma pauperis is granted.

20

See 28 U.S.C. § 1915(a).

21

For the foregoing reasons, IT IS HEREBY ORDERED that:

22

1.

Plaintiff’s request to proceed in forma pauperis (Dkt. No. 4) is granted.

23

2.

The Clerk of the Court is directed to serve the undersigned’s scheduling

24
25
26

order in Social Security cases.
3.

The Clerk of the Court is further directed to serve a copy of this order on

the United States Marshal.
1

1

4.

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

2

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

3

the complaint, five copies of the scheduling order and a completed USM-285 form, and shall file

4

a statement with the court that such documents have been submitted to the United States

5

Marshal.

6

5.

The United States Marshal is directed to serve all process without

7

prepayment of costs not later than sixty days from the date of this order. Service of process shall

8

be completed by delivering a copy of the summons, complaint, and scheduling order to the

9

United States Attorney for the Eastern District of California, and by sending two copies of the

10

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

11

of the United States at Washington, D.C. See Fed. R. Civ. P. 4(i)(1)(A) & (B). The Marshal

12

shall also send a copy of the summons, complaint, and scheduling order by registered or certified

13

mail to the Commissioner of Social Security, c/o Office of General Counsel, 6401 Security

14

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

15

United States Marshal shall thereafter file a statement with the court that such documents have

16

been served.

17
18

IT IS SO ORDERED.
DATED: August 10, 2011

19
20
21

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
2