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)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
KYLE JAMES ROEL,
11
12
13
Plaintiff,
No. 2:13-cv-0018 KJN
v.
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 E.D. Cal. L.R. 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 (14) days from the date of this order, plaintiff shall submit
4
to the United States Marshal an original and five copies of the completed summons, five copies
5
of the complaint, five copies of the scheduling order and a completed USM-285 form, and shall
6
file a statement with the court that such documents have been submitted to the United States
7
Marshal.
8
5.
The United States Marshal is directed to serve all process without
9
prepayment of costs not later than sixty (60) days from the date of this order. Service of process
10
shall 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, Region IX, 160
16
Spear Street, Suite 800, San Francisco, CA, 94105-1545. See Fed. R. Civ. P. 4(i)(2). The United
17
States Marshal shall thereafter file a statement with the court that such documents have been
18
served.
19
6.
Plaintiff is advised of Local Rule 110, which provides: “Failure of counsel
20
or of a party to comply with [the court’s Local] Rules or with any order of the Court may be
21
grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or
22
within the inherent power of the Court.”
23
24
25
26
IT IS SO ORDERED.
DATED: January 7, 2013
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?