Wolff v. Colvin

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 01/13/16 ORDERING that the 3 Motion to Proceed IFP is GRANTED; Clerk to serve scheduling order; plaintiff shall submit service documents to the USM within 14 days; within 5 days thereafter, plaintiff shall submit 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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JULIE L. WOLFF,

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No. 2:15-cv-1899-EFB (TEMP)

Plaintiff,
v.

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.

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

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Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable to

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prepay fees and costs or give security for them. Accordingly, the request to proceed in forma

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pauperis will be granted.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s application to proceed in forma pauperis is granted.

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2. The Clerk of the Court is directed to issue process and to serve upon plaintiff the

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undersigned’s Scheduling Order and Order re Consent or Request for Reassignment for social

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security cases.

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3. The Clerk of the Court is further directed to serve a copy of this order upon the United
States Marshal.
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4. Within fourteen (14) days from the date of this order, plaintiff shall submit to the

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United States Marshal a completed summons, a completed USM-285 form, sufficient copies of

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the summons and complaint for service of process in accordance with Federal Rule of Civil

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Procedure 4(i), and sufficient copies of the Scheduling Order and Order re Consent or Request for

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Reassignment issued in this case. Information regarding the number of copies currently required

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by the United States Marshal may be obtained from the United States Marshals Service, 501 I

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Street, Suite 5600, Sacramento, CA 95814 (tel. [phone]).

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5. Within five (5) days after submitting the necessary documents to the United States

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Marshal for service or process, plaintiff shall file in this court a declaration stating the date on

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which the documents were submitted to the United States Marshal. Failure to file a timely

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declaration may result in an order imposing appropriate sanctions.

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6. The United States Marshal is directed to serve process and copies of the undersigned’s

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Scheduling Order and Order re Consent or Request for Reassignment 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 all necessary documents to the United States Attorney for the Eastern

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District of California and by sending copies of the summons, complaint and court orders by

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

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Fed. R. Civ. P. 4(i)(1)(A) & (B). Copies of the summons, complaint and court orders shall also

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be served by registered or certified mail on the Commissioner of Social Security, c/o Office of the

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

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

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DATED: January 13, 2016.

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