Cabral v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/2014 GRANTING plaintiff's 2 Motion to Proceed In Forma Pauperis. Service is appropriate for Commissioner of Social Security and Clerk directed to serve Judge Newman's Scheduling O rder. 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 and 5 copies of completed Summons, 5 copies of Complaint, 5 copies of Scheduling Order, and a completed USM-285 form. Plaintiff shall also file a Statement with Court that said documents have been submitted. [cc: U.S. Marshal Service] (Marciel, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

GREGORY A. CABRAL,

12

Plaintiff,

13
14
15

No. 2:14-cv-0963-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. 2) is granted.

24

2.

Service of process is appropriate for the Commissioner of Social Security.

25

3.

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

26
27

Social Security cases.
1

This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(15).

28
1

1
2
3

4.

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

United States Marshal.
5.

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

4

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

5

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

6

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

7

6.

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

7.

The parties are advised of Local Rule 110, which provides: “Failure of counsel or

18

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

19

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

20

inherent power of the Court.”

21

IT IS SO ORDERED.

22

Dated: April 21, 2014

23
24
25
26
27
28
2