Chenier v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2014. Clerk directed to substitute "Disability", the currently-named defendant, with Commissioner of Social Security. Plaintiff's 2 Motion to Proceed In Forma Pauperis is GRA NTED. Clerk directed to serve Scheduling Order in Social Security cases and 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 and 5 copies of completed Summons, 5 copies of 1 Complaint, 5 copies of Scheduling Order and a completed USM-285 form. Plaintiff shall file a Statement with Court that such documents have been submitted for services. [cc: U.S. Marshal Services] (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLAUZELL B. CHENIER,

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Plaintiff,

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v.

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No. 2:14-cv-00785-KJN

DISABILITY,1

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ORDER

Defendant.

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

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referred to as in forma pauperis, pursuant to 28 U.S.C. § 1915.2 Plaintiff submitted the required

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

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them. Accordingly, the request to proceed in forma pauperis is granted. See 28 U.S.C. § 1915(a).

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Plaintiff, who is proceeding in this case without the assistance of counsel, has named
“Disability” as the sole defendant in this case. Based on a liberal construction of the allegations
in his complaint and the fact that plaintiff notes on the submitted civil cover sheet (ECF No. 1-1)
that he is filing this case under Title XVI of the Social Security Act, it appears that plaintiff seeks
judicial review of a final decision of the Commissioner of Social Security denying plaintiff’s
application for Supplemental Security Income. The correct defendant for such a proceeding is the
Commissioner of Social Security. See 42 U.S.C. § 405. Therefore, in the interests of justice, the
undersigned will direct the Clerk of Court to substitute “Disability,” the currently-named
defendant, with the Commissioner of Social Security as the sole named defendant in this action.
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This case was referred to the undersigned pursuant to Eastern District of California Local Rule
302(c)(15).
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For the foregoing reasons, IT IS HEREBY ORDERED that:

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1.

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The Clerk of Court is directed to substitute “Disability,” the currently-named

defendant, with the Commissioner of Social Security as the sole named defendant in this action.

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2.

Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted.

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3.

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

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Social Security cases.

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4.

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

United States Marshal.

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5.

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

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

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

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

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6.

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

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

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

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

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

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

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

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

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

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

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7.

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

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

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

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inherent power of the Court.”

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IT IS SO ORDERED.
Dated: March 31, 2014

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