Thompson v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/1/2017 ORDERING No later than 2/17/2017, plaintiff shall file an amended complaint alleging the county of plaintiff's residence. GRANTING 2 Motion to Proceed IFP and DIRECTING the clerk to issue process. Within fourteen (14) days from the date of this order, plaintiff shall submit to the United States Marshal the required documents and to 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 sixty (60) days from the date of this order. (Washington, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LAURA THOMPSON,

12
13
14
15
16

No. 2:17-cv-0216 CKD

Plaintiff,
v.

ORDER

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

17
18

The complaint in this action alleges that plaintiff is a resident of “County, California.”

19

The name of the specific county is not alleged. To determine whether venue is appropriate in this

20

court, plaintiff must allege the county of plaintiff’s residence. Plaintiff will therefore be directed

21

to file an amended complaint.

22

Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis.

23

Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable to

24

prepay fees and costs or give security for them. Accordingly, the request to proceed in forma

25

pauperis will be granted. 28 U.S.C. § 1915(a).

26

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

27

1. No later than February 17, 2017, plaintiff shall file an amended complaint alleging the

28

county of plaintiff’s residence.
1

1

2. Plaintiff’s request to proceed in forma pauperis is granted.

2

3. The Clerk of the Court is directed to serve the undersigned’s scheduling order in social

3
4
5
6

security cases.
4. The Clerk of the Court is further directed to serve a copy of this order on the United
States Marshal.
5. Within fourteen days from the date of this order, plaintiff shall submit to the United

7

States Marshal a completed summons and copies of the complaint and to file a statement with the

8

court that said documents have been submitted to the United States Marshal.

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

Dated: February 1, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

19
20
21

4 thompson0216.ifp.ss

22
23
24
25
26
27
28
2