Fischl v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 2/10/2017 GRANTING 3 Plaintiff' Motion to Proceed In Forma Pauperis; The Clerk of the Court is directed to serve on plaintiff the undersigned's scheduling order in social security case s; the Clerk of the Court is further directed to serve a copy of this order on the United States Marshal, Sacramento, CA; within 15 days from the date of this order, plaintiff shall submit to the USM a completed summons and copies of the complaint and file a statement with the court that said documents have been submitted to the USM; the USM is directed to serve all process without prepayment of costs not later than 60 days from the date of this order.(Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL FISCHL,
Plaintiff,

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No. 2:16-cv-2320 CMK

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 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 pauperis (Doc. 3).

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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 therefor. The request to proceed in forma pauperis will,

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therefore, be granted. See 28 U.S.C. § 1915(a). Plaintiff will be required by this order to submit

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documents to the United States Marshal and file notice with the court. Plaintiff is warned that

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failure to comply with this order may result in the dismissal of this action. 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. 3) is granted;
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2.

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

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: February 10, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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