Joseph-Stewart v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Craig M. Kellison on 5/11/16 GRANTING 2 Motion to Proceed IFP. The Clerk is directed to issue process. 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. (Jackson, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERRY SHARLENE JOSEPH-STEWART,

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No. 2:16-CV-0975-CMK

Plaintiff,
vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.
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Plaintiff, who is proceeding with retained counsel, brings this action under
42 U.S.C. § 405(g) for judicial review of a final decision of the Commissioner of Social Security.
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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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;
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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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the General Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545,

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

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DATED: May 11, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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