Shack v. Commissioner of Social Security
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
JAMES D. SHACK,
No. 2:16-cv-0122-CMK PS
COMMISSIONER OF SOCIAL
Plaintiff, who is proceeding in propria persona, brings this action for judicial
review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).
Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma
pauperis (Doc. 2). Plaintiff has submitted the affidavit required by § 1915(a) showing that
plaintiff is unable to prepay fees and costs or give security therefor. The request to proceed in
forma pauperis will, therefore, be granted. See 28 U.S.C. § 1915(a). Plaintiff will be required by
this order to submit documents to the United States Marshal and file notice with the court.
Plaintiff is warned that failure to comply with this order may result in the dismissal of this action.
See Local Rule 110.
Plaintiff has also filed a motion for screening order (Doc. 6) and a petition for writ
of mandamus (Doc. 5). To the extent plaintiff is requesting the court authorize service of this
case, that request is granted as provided herein. To the extent plaintiff is requesting this court
issue a writ of mandamus, the court will request the defendant to respond to that motion prior to
addressing the motion.
Accordingly, IT IS HEREBY ORDERED that:
Plaintiff's request to proceed in forma pauperis (Doc. 2) is granted;
The Clerk of the Court is directed to serve on plaintiff the undersigned’s
scheduling order in social security cases;
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.;
Within 15 days from the date of this order, plaintiff shall submit to the
United States Marshal a completed summons and copies of the complaint and file a statement
with the court that said documents have been submitted to the United States Marshal;
The United States Marshal is directed to serve all process without
prepayment of costs not later than 60 days from the date of this order, such service of process to
be completed by delivering a copy of the summons and complaint to the United States Attorney
for the Eastern District of California, and by sending a copy of the summons and complaint by
registered or certified mail to the Attorney General of the United States in Washington, D.C.,
pursuant to Federal Rule of Civil Procedure 4(i)(1)(A) & (B); and
The United States Marshal shall also send a copy of the summons and
complaint by registered or certified mail to the Commissioner of Social Security, c/o Office of
General Counsel, 6401 Security Blvd., Room 611, Altmeyer Bldg., Baltimore, MD 21235,
pursuant to Federal Rule of Civil Procedure 4(i)(2).
DATED: May 15, 2017
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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