Mills v. Commissioner of Social Security

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/2013 GRANTING plaintiff's 4 Motion to Proceed In Forma Pauperis. Clerk directed to serve Judge Newman's Scheduling Order in Social Security cases. Clerk further directed to serve a copy of Order on U.S. Marshal. Within 14 days from date of Order, plaintiff shall submit to U.S. Marshal an original plus 5 copies of completed Summons, 5 copies of Complaint, 5 copies of Scheduling Order, a completed USM-285 form. Plaintiff shall file Statment with Court that such documents have been submitted to USMS. [cc: U.S. Marshal Services] (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY J. MILLS,

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Plaintiff,

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No. 2:13-cv-00899 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. (Dkt. No. 4.) Accordingly, the request to proceed in forma pauperis is

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granted. See 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. 4) 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 the 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); 20 C.F.R.

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423.1(a). The United States Marshal shall thereafter file a statement with the court that such

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documents have 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: May 9, 2013
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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