Bentley v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 10/27/17, GRANTING plaintiff's 2 Motion to Proceed IFP. Service of process is appropriate for the Commissioner of Social Security. The Clerk is directed to serve the undersigned' s scheduling order in Social Security cases. The Clerk is further directed to serve a copy of this order on the United States Marshal (USM). Within 14 days from the date of this order, plaintiff shall submit to the USM the required documents for service, and file a statement with the court that such 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) Modified on 10/27/2017 (Kastilahn, A). (cc: USM)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIMBERLEY JANEEN BENTLEY, 12 Plaintiff, 13 14 15 No. 2:17-cv-1629-KJN v. ORDER COMMISSIONER OF SOCIAL SECURITY, 16 Defendant. 17 Plaintiff has requested leave to proceed without the prepayment of fees and costs, also 18 19 referred to as in forma pauperis, pursuant to 28 U.S.C. § 1915.1 Plaintiff submitted the required 20 affidavit, which demonstrates that plaintiff is unable to prepay fees and costs or give security for 21 them. Accordingly, the request to proceed in forma pauperis is granted. See 28 U.S.C. 22 § 1915(a). 23 For the foregoing reasons, IT IS HEREBY ORDERED that: 24 1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted. 25 2. Service of process is appropriate for the Commissioner of Social Security. 26 3. The Clerk of the Court is directed to serve the undersigned’s scheduling order in 27 1 This case was referred to the undersigned pursuant to Local Rule 302(c)(15). 28 1 1 2 3 4 Social 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 (14) days from the date of this order, plaintiff shall submit to the 5 United States Marshal an original and five copies of the completed summons, five copies of the 6 complaint, five copies of the scheduling order, and a completed USM-285 form, and shall file a 7 statement with the court that such documents have been submitted to the United States Marshal. 8 9 6. 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 10 completed by delivering a copy of the summons, complaint, and scheduling order to the United 11 States Attorney for the Eastern District of California, and by sending two copies of the summons, 12 complaint, and scheduling order by registered or certified mail to the Attorney General of the 13 United States at Washington, D.C. See Fed. R. Civ. P. 4(i)(1)(A) & (B). The Marshal shall also 14 send a copy of the summons, complaint, and scheduling order by registered or certified mail to 15 the Commissioner of Social Security, c/o Office of General Counsel, Region IX, 160 Spear 16 Street, Suite 800, San Francisco, CA, 94105-1545. See Fed. R. Civ. P. 4(i)(2). 17 7. The parties are advised of Local Rule 110, which provides: “Failure of counsel or 18 of a party to comply with [the court’s Local] Rules or with any order of the Court may be grounds 19 for imposition by the Court of any and all sanctions authorized by statute or Rule or within the 20 inherent power of the Court.” 21 IT IS SO ORDERED. 22 Dated: October 27, 2017 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?