Rasmussen v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 04/23/15 ORDERING that the 3 Motion to Proceed IFP is GRANTED; plaintiff shall submit service documents to the USM within 14 days; within 5 days thereafter plaintiff shall submit a statement to the court regarding submission; USM shall serve process within 60 days. (Benson, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EMILYANN NICOLE RASMUSSEN, 12 13 14 15 No. 2:15-cv-0079 DAD Plaintiff, v. ORDER CAROLYN W. COLVIN, Commissioner of Social Security, 16 Defendant. 17 18 Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis. 19 Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable to 20 prepay fees and costs or give security for them. Accordingly, the request to proceed in forma 21 pauperis will be granted. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Plaintiff’s application to proceed in forma pauperis is granted. 24 2. The Clerk of the Court is directed to issue process and to serve upon plaintiff 25 the undersigned’s Scheduling Order and Order re Consent or Request for Reassignment for social 26 security cases. 27 28 3. The Clerk of the Court is further directed to serve a copy of this order upon the United States Marshal. 1 1 4. Within fourteen (14) days from the date of this order, plaintiff shall submit to 2 the United States Marshal a completed summons, a completed USM-285 form, sufficient copies 3 of the summons and complaint for service of process in accordance with Federal Rule of Civil 4 Procedure 4(i), and sufficient copies of the Scheduling Order and Order re Consent or Request for 5 Reassignment issued in this case. Information regarding the number of copies currently required 6 by the United States Marshal may be obtained from the United States Marshals Service, 501 I 7 Street, Suite 5600, Sacramento, CA 95814 (tel. 916-930-2030). 8 9 5. Within five (5) days after submitting the necessary documents to the United States Marshal for service or process, plaintiff shall file in this court a declaration stating the date 10 on which the documents were submitted to the United States Marshal. Failure to file a timely 11 declaration may result in an order imposing appropriate sanctions. 12 6. The United States Marshal is directed to serve process and copies of the 13 undersigned’s Scheduling Order and Order re Consent or Request for Reassignment without 14 prepayment of costs not later than sixty (60) days from the date of this order. Service of process 15 shall be completed by delivering all necessary documents to the United States Attorney for the 16 Eastern District of California and by sending copies of the summons, complaint and court orders 17 by registered or certified mail to the Attorney General of the United States at Washington, D.C. 18 See FED. R. CIV. P. 4(i)(1)(A) & (B). Copies of the summons, complaint and court orders shall 19 also be served by registered or certified mail on the Commissioner of Social Security, c/o Office 20 of the General Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545. 21 See FED. R. CIV. P. 4(i)(2). 22 Dated: April 23, 2015 23 24 25 26 DAD:6 ddad1/orders.soc sec/rasmussen0079.ifp.docx 27 28 2

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