Fortunel v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 06/05/15 ORDERING that the 2 Motion to Proceed IFP is GRANTED; Clerk to serve scheduling order; within 14 days, plaintiff shall submit service documents to the USM and file a statement to the court regarding the submission; USM shall serve process within 60 days. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPHA RENEE FORTUNEL,

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Plaintiff,

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No. 2:15-cv-1198-KJN

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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Plaintiff has requested leave to proceed without the prepayment of fees and costs, also

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referred to as in forma pauperis, pursuant to 28 U.S.C. § 1915.1 Plaintiff submitted the required

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affidavit, which demonstrates that plaintiff is unable to prepay fees and costs or give security for

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them. Accordingly, the request to proceed in forma pauperis is granted. See 28 U.S.C. § 1915(a).

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For the foregoing reasons, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted.

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2.

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

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Social Security cases.
3.

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

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This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(15).
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United States Marshal.
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Within fourteen (14) days from the date of this order, plaintiff shall submit to the

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

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

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

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5.

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

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

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

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

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

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

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

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

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

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

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6.

Plaintiff is advised of Local Rule 110, which provides: “Failure of counsel or of a

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

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

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inherent power of the Court.”

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IT IS SO ORDERED.

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Dated: June 5, 2015

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