Shack v. Commissioner of Social Security

Filing 7

ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Craig M. Kellison on 5/15/17: The Clerk of the Court is directed to serve on plaintiff scheduling order and serve a copy of this order on the United States Marshal. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES D. SHACK,

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No. 2:16-cv-0122-CMK PS

Plaintiff,
vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.
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/

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Plaintiff, who is proceeding in propria persona, brings this action for judicial

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review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).

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

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pauperis (Doc. 2). Plaintiff has submitted the affidavit required by § 1915(a) showing that

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plaintiff is unable to prepay fees and costs or give security therefor. The request to proceed in

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forma pauperis will, therefore, be granted. See 28 U.S.C. § 1915(a). Plaintiff will be required by

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this order to submit documents to the United States Marshal and file notice with the court.

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Plaintiff is warned that failure to comply with this order may result in the dismissal of this action.

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See Local Rule 110.

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Plaintiff has also filed a motion for screening order (Doc. 6) and a petition for writ

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of mandamus (Doc. 5). To the extent plaintiff is requesting the court authorize service of this

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case, that request is granted as provided herein. To the extent plaintiff is requesting this court
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issue a writ of mandamus, the court will request the defendant to respond to that motion prior to

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addressing the motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff's request to proceed in forma pauperis (Doc. 2) is granted;

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2.

The Clerk of the Court is directed to serve on plaintiff the undersigned’s

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scheduling order in social security cases;
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The Clerk of the Court is further directed to serve a copy of this order on

the United States Marshal at 501 “I” Street, Sacramento, CA, 95814.;
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Within 15 days from the date of this order, plaintiff shall submit to the

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

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with the court that said 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

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prepayment of costs not later than 60 days from the date of this order, such service of process to

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be completed by delivering a copy of the summons and complaint to the United States Attorney

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for the Eastern District of California, and by sending a copy of the summons and complaint by

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

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pursuant to Federal Rule of Civil Procedure 4(i)(1)(A) & (B); and

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6.

The United States Marshal shall also send a copy of the summons and

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

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General Counsel, 6401 Security Blvd., Room 611, Altmeyer Bldg., Baltimore, MD 21235,

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pursuant to Federal Rule of Civil Procedure 4(i)(2).

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DATED: May 15, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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