Drayton v. Colvin
ORDER signed by Magistrate Judge Craig M. Kellison on 4/4/17 ORDERING that Plaintiff's 2 Motion to Proceed in forma pauperis is GRANTED; the Clerk is directed to serve on plaintiff the undersigned's scheduling order in social security cases; the Clerk is further directed to serve a copy of this order on the USM; Within 15 days Plaintiff shall submit service documents to the USM and file a statement with the court that said documents have been submitted. (cc: USM)(Becknal, R)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
COMMISSIONER OF SOCIAL
Plaintiff, who is proceeding with retained counsel, 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 requested1 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 filed a second motion to proceed in forma pauperis (Doc. 3). However,
this motion appears to have been filed in error, as it is a blank form. As such, it will be denied as
unnecessary and incomplete.
Accordingly, IT IS HEREBY ORDERED that:
Plaintiff’s request to proceed in forma pauperis (Doc. 2) is granted;
Plaintiff’s second request to proceed in forma pauperis (Doc. 3) is denied
as unnecessary and incomplete;
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: April 4, 2017
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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