Roel v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/13 ORDERING that Plaintiff's 2 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 Plaintiff shall submit service documents to the USM and file a statement with the court that said documents have been submitted. (cc: USM) (Becknal, 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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KYLE JAMES ROEL,

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Plaintiff,

No. 2:13-cv-0018 KJN

v.
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. 2) 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 E.D. Cal. L.R. 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 (14) days from the date of this order, plaintiff shall submit

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

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

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file 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

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prepayment of costs not later than sixty (60) days from the date of this order. Service of process

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shall 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, Region IX, 160

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Spear Street, Suite 800, San Francisco, CA, 94105-1545. See Fed. R. Civ. P. 4(i)(2). The United

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

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served.

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6.

Plaintiff is advised of Local Rule 110, which provides: “Failure of counsel

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or of a party to comply with [the court’s Local] Rules or with any order of the Court may be

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grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court.”

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IT IS SO ORDERED.
DATED: January 7, 2013
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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