Halyday v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 7/6/12 GRANTING 2 Motion to Proceed IFP; plaintiff shall submit service documents to the US Marshal within 14 days; the USM is directed to serve process within 60 days. (Manzer, C)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK B. HALYDAY, 11 12 13 Plaintiff, No. 2:12-cv-01761 KJN v. MICHAEL J. ASTRUE, Commissioner of Social Security, 14 Defendant. 15 ORDER / 16 Plaintiff has requested leave to proceed without the prepayment of fees and costs, 17 also referred to as in forma pauperis, pursuant to 28 U.S.C. § 1915.1 Plaintiff has submitted the 18 required affidavit, which demonstrates that plaintiff is unable to prepay fees and costs or give 19 security for them. Accordingly, the request to proceed in forma pauperis is granted. See 20 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. 2) is granted. 23 2. The Clerk of the Court is directed to serve the undersigned’s scheduling 24 order in Social Security cases. 25 1 26 This case was referred to the undersigned pursuant to Eastern District of California Local Rule 302(c)(15) and 28 U.S.C. § 636(c). 1 1 2 3. The Clerk of the Court is further directed to serve a copy of this order on the United States Marshal. 3 4. Within fourteen days from the date of this order, plaintiff shall submit to 4 the United States Marshal an original and five copies of the completed summons, five copies of 5 the complaint, five copies of the scheduling order and a completed USM-285 form, and shall file 6 a statement with the court that such documents have been submitted to the United States 7 Marshal. 8 9 5. The United States Marshal is directed to serve all process without prepayment of costs not later than sixty days from the date of this order. Service of process shall 10 be completed by delivering a copy of the summons, complaint, and scheduling order to the 11 United States Attorney for the Eastern District of California, and by sending two copies of the 12 summons, complaint, and scheduling order by registered or certified mail to the Attorney General 13 of the United States at Washington, D.C. See Fed. R. Civ. P. 4(i)(1)(A) & (B). The Marshal 14 shall also send a copy of the summons, complaint, and scheduling order by registered or certified 15 mail to the Commissioner of Social Security, c/o Office of General Counsel, 6401 Security 16 Blvd., Room 611, Altmeyer Bldg., Baltimore, MD 21235. See Fed. R. Civ. P. 4(i)(2). The 17 United States Marshal shall thereafter file a statement with the court that such documents have 18 been served. 19 6. Plaintiff and plaintiff’s counsel are advised of Local Rule 110, which 20 provides: “Failure of counsel or of a party to comply with [the court’s Local] Rules or with any 21 order of the Court may be grounds for imposition by the Court of any and all sanctions 22 authorized by statute or Rule or within the inherent power of the Court.” 23 24 25 26 IT IS SO ORDERED. DATED: July 6, 2012 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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