Fradet v. Commissioner of Social Security

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/18/2015 DISCHARGING the 7 Order to Show Cause; ORDERING the plaintiff to submit to the U.S. Marshal by 8/31/2015, a completed 4 Summons, and copies of the 1 Social Security Complaint and to file a statement with the court that such submission was completed; DIRECTING the U.S. Marshal to serve all process without prepayment of costs within sixty days. (cc: U.S. Marshals Service) (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY FRADET,

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Plaintiff,

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No. 2:15-cv-0962 CKD PS

v.

ORDER

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

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By order filed May 8, 2015, plaintiff, proceeding pro se, was directed to submit to the

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U.S. Marshal documents necessary for proper service of summons and to file a statement with the

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court that said documents had been submitted. Plaintiff did not timely file the requisite statement.

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The executed return of summons filed May 21, 2015 does not reflect proper service of summons

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on defendant.
Plaintiff was ordered to show cause why this action should not be dismissed for failure to

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comply with the court’s orders and to timely serve summons in this action. In response to the

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order to show cause, plaintiff asserts that he mailed a subpoena to the Marshal’s office and mailed

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the rest of the requisite paperwork to the Court. There is no evidence in the court file that

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plaintiff has submitted the requisite paperwork for service by the Marshal. Plaintiff will be given

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an extension of time to comply with the court’s order regarding submission of papers to the

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Marshal.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The order to show cause (ECF No. 7) is discharged.

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2. No later than August 31, 2015, plaintiff shall submit to the United States Marshal a

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completed summons and copies of the complaint and to file a statement with the court that said

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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 prepayment of costs

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

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

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

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

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

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

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

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

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4. The Clerk of the Court is directed to serve a copy of this order on the United States

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Marshal.

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Dated: August 18, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 fradet0962.osc.dis

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