Short v. Commissioner of Social Security

Filing 7

ORDER signed by Magistrate Judge Craig M. Kellison on 3/5/15 ORDERING the 5 Order to Show Cause VACATED as having been issued in error; within 15 days from the date of this order, plaintiff shall submit to the U.S. Marshal a completed summons and copies of the complaint and file a statement with the court that said documents have been submitted to the U.S. Marshal; the U.S. Marshal is DIRECTED to serve all provess without prepayment of costs not later than 60 days from the date of this order; the U.S. Marshal shall also send a copy of the summons and complaint by registered or certified mail to the Commissioner of Social Security; and the Clerk of the Court is DIRECTED to serve a copy of this order on the U.S. Marshal. (cc: USM).. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARL M. SHORT,

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No. 2:14-CV-2141-CMK

Plaintiff,
vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.
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Plaintiff, who is proceeding with retained counsel, brings this action under

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42 U.S.C. § 405(g) for judicial review of a final decision of the Commissioner of Social Security.

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On February 3, 2015, the court directed plaintiff to show cause in writing why this

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action should not be dismissed to lack of prosecution and failure to comply with the court’s prior

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order issued on October 8, 2014, requiring plaintiff to submit documents necessary for service of

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process to the United States Marshal. A review of the docket reflects that the order to show

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cause was issued in error because, at the time the order was issued, summons had not yet been

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issued to plaintiff. The order to show cause will, therefore, be vacated and plaintiff will be

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granted additional time to submit documents to the United States Marshal and file notice with the
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court. Plaintiff is warned that failure to comply with this order may result in the dismissal of this

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action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The order to show cause issued on February 3, 2015, is vacated as having

been issued in error;
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Within 15 days from the date of this order, plaintiff shall submit to the

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United States Marshal a completed summons and copies of the complaint and file a statement

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with the court that said documents have been submitted to the United States Marshal;

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3.

The United States Marshal is directed to serve all process without

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prepayment of costs not later than 60 days from the date of this order, such service of process to

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be completed by delivering a copy of the summons and complaint to the United States Attorney

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for the Eastern District of California, and by sending a copy of the summons and complaint by

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registered or certified mail to the Attorney General of the United States in Washington, D.C.,

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pursuant to Federal Rule of Civil Procedure 4(i)(1)(A) & (B);

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4.

The United States Marshal shall also send a copy of the summons and

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complaint by registered or certified mail to the Commissioner of Social Security, c/o Office of

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the General Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545,

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pursuant to Federal Rule of Civil Procedure 4(i)(2); and

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5.

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

United States Marshal.

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DATED: March 5, 2015
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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