Webster v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 7/25/12 GRANTING 3 Motion to Proceed IFP is granted; the Clerk is directed to serve the scheduling order in Social Security cases; The Clerk is directed to serve a copy of this order on the USM; and within 14 days from the date of this order all appropriate paperwork is to be submitted to the USM.(Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLARENCE WEBSTER,

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Plaintiff,

No. 2:12-cv-01891 KJN

v.
MICHAEL ASTRUE, Commissioner of
Social Security,

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

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also referred to as in forma pauperis, pursuant to 28 U.S.C. § 1915.1 Plaintiff has submitted the

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required affidavit, which demonstrates that plaintiff is unable to prepay fees and costs or give

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security for them. Accordingly, the request to proceed in forma pauperis is granted. See

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28 U.S.C. § 1915(a).

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For the foregoing reasons, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s request to proceed in forma pauperis (Dkt. No. 3) is granted.

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2.

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

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order in Social Security cases.

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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).
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3.

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

the United States Marshal.

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4.

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

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

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

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

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Marshal.

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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

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

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

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

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

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

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

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

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

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been served.

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6.

Plaintiff and plaintiff’s counsel are advised of Local Rule 110, which

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provides: “Failure of counsel or of a party to comply with [the court’s Local] Rules or with any

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order of the Court may be grounds for imposition by the Court of any and all sanctions

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authorized by statute or Rule or within the inherent power of the Court.”

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IT IS SO ORDERED.
DATED: July 25, 2012
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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