Clark v. Commissioner of Social Security

Filing 11

ORDER signed by Magistrate Judge Craig M. Kellison on 4/11/13 DISCHARGING 9 Order to Show Cause. Plaintiff shall, within 15 days of the date of this order, submit to the U.S. Marshal a completed cummons and copies of the complaint; and within 20 days of the date of this order, plaintiff shall file a notice with the court that the service documents were submitted to the U.S. Marshal. (cc: USM). (Meuleman, 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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HOWARD M. CLARK,

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Plaintiff,

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No. 2:12-cv-2550-MCE-CMK

vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY, idolize

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Defendant.
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/
Plaintiff, who is proceeding without counsel, brings this action for judicial review
of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).

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On January 14, 2013, the court issued plaintiff an order to show cause why this

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action should not be dismissed for failure to submit the service documents to the United States

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Marshal as directed. Plaintiff responded to the order claiming lack of transportation. Plaintiff

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requested addition time to comply with the court’s order.

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To the extent plaintiff responded to the order to show cause, it will be discharged.

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Plaintiff will be allowed additional time to comply with the court’s prior order, but is reminded

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that he is required to comply with the court’s orders in a timely fashion. Transportation is

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unnecessary as most tasks may be completed through the mail. Specifically, the service
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documents do not need to be personally delivered to the U.S. Marshal’s office. Plaintiff is,

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however, required to submit the service documents to the U.S. Marshal within the time set forth

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below, and to inform the court when he has done so.

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Plaintiff is again cautioned that failure to comply with this order may result in

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dismissal of this action for failure to prosecute and comply with court rules and orders. See

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Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The January 14, 2013 order to show cause is discharged;

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2.

Plaintiff shall, within 15 days of the date of this order, submit to the

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United States Marshal a completed summons and copies of the complaint; and
3.

Within 20 days of the date of this order, plaintiff shall file a notice with the

court that the service documents were submitted to the United States Marshal.

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DATED: April 11, 2013
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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