Upton v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/9/15 ORDERING that Plaintiff's 3 request to proceed in forma pauperis is GRANTED. The Clerk is directed to serve the undersigned's scheduling order in social security cases. The Clerk is further directed to 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 the required documents and file a statement with the court that said 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. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JERRY UPTON,

12

Plaintiff,

13
14
15

No. 2:15-cv-0767 CKD

v.

ORDER

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

16
17

Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis.

18
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. 28 U.S.C. § 1915(a).

22

In accordance with the above, 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 social

25

security cases.
3. The Clerk of the Court is further directed to serve a copy of this order on the United

26
27

States Marshal.

28

/////
1

1

4. Within fourteen days from the date of this order, plaintiff shall submit to the United

2

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

3

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

4

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

5

not later than sixty days from the date of this order. Service of process shall be completed by

6

delivering a copy of the summons and complaint to the United States Attorney for the Eastern

7

District of California, and by sending a copy of the summons and complaint by registered or

8

certified mail to the Attorney General of the United States at Washington, D.C. See Fed. R. Civ.

9

P. 4(i)(1)(A) & (B). The Marshal shall also send a copy of the summons and complaint by

10

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

11

Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545. See Fed. R.

12

Civ. P. 4(i)(2).

13

Dated: April 9, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

14
15
16

4 upton0767.ss.ifp

17
18
19
20
21
22
23
24
25
26
27
28
2