Turk v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 4/25/2017 GRANTING 3 Motion to Proceed in forma pauperis; The Clerk of the Court is directed to serve the undersigneds scheduling order in social security cases; The Clerk of the Court is furthe r directed to serve a copy of this order on the United States Marshal; within 14 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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODERICK TURK,

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Plaintiff,

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No. 2:17-cv-0767 AC

v.

ORDER

NANCY BERRYHILL, Acting
Commissioner of Social Security1,
Defendant.

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

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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 for them. Accordingly, the request to proceed in forma

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pauperis will be granted. 28 U.S.C. § 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. 3), is GRANTED.

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

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security cases.

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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, Nancy Berryhill has been substituted as the defendant in place of
“Carolyn Colvin.”
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3. The Clerk of the Court is further directed to serve a copy of this order on the United
States Marshal.

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4. Within fourteen days from the date of this order, plaintiff shall submit to the United

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

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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 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: April 25, 2017

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