Ortiz v. Commissioner of Social Security

Filing 4

ORDER granting plaintiff's 3 Motion to Proceed IFP, signed by Magistrate Judge Kendall J. Newman on 10/17/13. The Clerk is directed to serve the undersigned's scheduling order in Social Security cases. The Clerk is further directed t o serve a copy of this order on the United States Marshal (USM). Within 14 days from the date of this order, plaintiff shall submit to the USM an original and five copies of the completed summons, five copies of the complaint, five copies of the sch eduling order, and a completed USM-285 form, and shall file a statement with the court that such documents have been submitted to the USM. The USM is directed to serve all process without prepayment of costs not later than 60 days from the date of this order. (cc: USM)(Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

NANCY E. ORTIZ,

12

Plaintiff,

13
14
15

No. 2:13-cv-2091-KJN

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

16

Plaintiff has requested leave to proceed without the prepayment of fees and costs, also

17
18

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

19

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

20

security for them. Accordingly, the request to proceed in forma pauperis is granted. See 28

21

U.S.C. § 1915(a).

22

For the foregoing reasons, IT IS HEREBY ORDERED that:

23

1.

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

24

2.

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

25

Social Security cases.
3.

26
27
28

1

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

This case was referred to the undersigned pursuant to Eastern District of California Local Rule
302(c)(15).
1

1
2

United States Marshal.
4.

Within fourteen (14) days from the date of this order, plaintiff shall submit to the

3

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

4

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

5

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

6

5.

The United States Marshal is directed to serve all process without prepayment of

7

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

8

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

9

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

10

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

11

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

12

send a copy of the summons, complaint, and scheduling order by registered or certified mail to

13

the Commissioner of Social Security, c/o Office of General Counsel, Region IX, 160 Spear

14

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

15

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

16

6.

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

17

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

18

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

19

inherent power of the Court.”

20

IT IS SO ORDERED.

21

Dated: October 17, 2013

22
23
24
25
26
27
28
2