Miske v. Commissioner of Social Security

Filing 3

ORDER granting plaintiff's 2 Motion to Proceed IFP signed by Magistrate Judge Allison Claire on 1/9/17. The Clerk is directed to serve the undersigned's scheduling order in social security cases, serve a copy of this order on the Un ited States Marshal (USM) and send plaintiff the documents required for service. Plaintiff is directed to supply the USM, within 15 days from the date of this order, all information needed by the Marshal to effect service of process. Plaintiff shall promptly 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. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK CHARLES MISKE,

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Plaintiff,

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No. 2:17-cv-0019 AC (PS)

v.

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,1

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Defendant.

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Plaintiff, who is proceeding without counsel, has requested authority under 28 U.S.C.

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§ 1915 to proceed in forma pauperis. Plaintiff has submitted the affidavit required by § 1915(a)

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showing that plaintiff is unable to prepay fees and costs or give security for them. See ECF

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No. 2. Accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C.

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§ 1915(a).

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2), is GRANTED.

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In any civil action seeking review of the denial of disability benefits, the only proper defendant
is the person holding the office of the Commissioner. See 42 U.S.C. § 405(g); 20 C.F.R.
§ 422.210(d). Accordingly, Carolyn W. Colvin has been substituted as the defendant in place of
“Office of the Regional Chief Counsel Region IX Eastern District.”
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2. The Clerk of the Court is directed to:

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a. Serve the undersigned’s scheduling order in social security cases;

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b. Serve a copy of this order on the United States Marshal; and

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c. Send plaintiff one USM-285, one summons, a copy of the complaint, and an

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appropriate form for consent to trial by a magistrate judge.
3. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date of this

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order, all information needed by the Marshal to effect service of process, and shall promptly file

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a statement with the court that said documents have been submitted to the United States

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Marshal (see attachment). The court anticipates that, to effect service, the U.S. Marshal will

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require, at least:

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a. One completed summons;

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b. One completed USM-285 form;

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c. One copy of the endorsed filed complaint, with an extra copy for the U.S.

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Marshal;

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d. One copy of the instant order; and

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e. An appropriate form for consent to trial by a magistrate judge.

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4. The United States Marshal is directed to serve all process without prepayment of costs

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not later than sixty days from the date of this order. Service of process shall be completed by

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delivering a copy of the summons and complaint to the United States Attorney for the Eastern

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District of California, and by sending a copy of the summons and complaint by registered or

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certified mail to the Attorney General of the United States at Washington, D.C. See Fed. R. Civ.

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P. 4(i)(1)(A) & (B). The Marshal shall also send a copy of the summons and complaint by

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

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Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545. See Fed. R.

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Civ. P. 4(i)(2).

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DATED: January 9, 2017

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK CHARLES MISKE,

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No. 2:17-cv-0019 AC (PS)

Plaintiff,
v.

NOTICE OF SUBMISSION

CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

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Defendant.

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Plaintiff has submitted the following documents to the U.S. Marshal, in compliance with
the court’s order filed _____________________:

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completed summons form

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completed USM-285 form

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copy of the complaint

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completed form to consent or decline to consent to magistrate judge jurisdiction

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____________________________________
Date

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Plaintiff’s Signature

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