Gamez v. Commissioner of Social Security
ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Kendall J. Newman on 7/25/17: Service of process is appropriate for the Commissioner of Social Security. The Clerk of the Court is directed to serve 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. (Kaminski, H)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
COMMISSIONER OF SOCIAL
Plaintiff has requested leave to proceed without the prepayment of fees and costs, also
referred to as in forma pauperis, pursuant to 28 U.S.C. § 1915.1 Plaintiff submitted the required
affidavit, which demonstrates that plaintiff is unable to prepay fees and costs or give security for
them. Accordingly, the request to proceed in forma pauperis is granted. See 28 U.S.C.
For the foregoing reasons, IT IS HEREBY ORDERED that:
Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted.
Service of process is appropriate for the Commissioner of Social Security.
The Clerk of the Court is directed to serve the undersigned’s scheduling order in
This case was referred to the undersigned pursuant to Local Rule 302(c)(15).
Social Security cases.
The Clerk of the Court is further directed to serve a copy of this order on the
United States Marshal.
Within fourteen (14) days from the date of this order, plaintiff shall submit to the
United States Marshal an original and five copies of the completed summons, five copies of the
complaint, five copies of the scheduling order, and a completed USM-285 form, and shall file a
statement with the court that such 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. Service of process shall be
completed by delivering a copy of the summons, complaint, and scheduling order to the United
States Attorney for the Eastern District of California, and by sending two copies of the summons,
complaint, and scheduling order by registered or certified mail to the Attorney General of the
United States at Washington, D.C. See Fed. R. Civ. P. 4(i)(1)(A) & (B). The Marshal shall also
send a copy of the summons, complaint, and scheduling order by registered or certified mail to
the Commissioner of Social Security, c/o Office of General Counsel, Region IX, 160 Spear
Street, Suite 800, San Francisco, CA, 94105-1545. See Fed. R. Civ. P. 4(i)(2).
The parties are advised of Local Rule 110, which provides: “Failure of counsel or
of a party to comply with [the court’s Local] Rules or with any order of the Court may be grounds
for imposition by the Court of any and all sanctions authorized by statute or Rule or within the
inherent power of the Court.”
IT IS SO ORDERED.
Dated: July 25, 2017
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