Silva v. Commissioner of Social Security
ORDER signed by Magistrate Judge Deborah Barnes on 09/26/17 ORDERING that the 2 Motion to proceed in forma pauperis is GRANTED; Clerk directed to issue process and to serve upon plaintiff the undersigned's Scheduling Order and Order re Consent or Request for Reassignment for social security cases; within 14 days plaintiff shall submit service documents to the USM and within 5 days thereafter, plaintiff shall file a statement to the court regarding the submission; USM shall serve process within 60 days.(Becknal, R)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MARY JO SILVA,
No. 2:17-cv-1752 DB
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis.
Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable to
prepay fees and costs or give security for them. Accordingly, the request to proceed in forma
pauperis will be granted.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff’s application to proceed in forma pauperis is granted.
2. The Clerk of the Court is directed to issue process and to serve upon plaintiff the
undersigned’s Scheduling Order and Order re Consent or Request for Reassignment for social
3. The Clerk of the Court is further directed to serve a copy of this order upon the United
4. Within fourteen (14) days from the date of this order, plaintiff shall submit to the
United States Marshal a completed summons, a completed USM-285 form, sufficient copies of
the summons and complaint for service of process in accordance with Federal Rule of Civil
Procedure 4(i), and sufficient copies of the Scheduling Order and Order re Consent or Request for
Reassignment issued in this case. Information regarding the number of copies currently required
by the United States Marshal may be obtained from the United States Marshals Service, 501 I
Street, Suite 5600, Sacramento, CA 95814 (tel. 916-930-2030).
5. Within five (5) days after submitting the necessary documents to the United States
Marshal for service or process, plaintiff shall file in this court a declaration stating the date on
which the documents were submitted to the United States Marshal. Failure to file a timely
declaration may result in an order imposing appropriate sanctions.
6. The United States Marshal is directed to serve process and copies of the undersigned’s
Scheduling Order and Order re Consent or Request for Reassignment without prepayment of
costs not later than sixty (60) days from the date of this order. Service of process shall be
completed by delivering all necessary documents to the United States Attorney for the Eastern
District of California and by sending copies of the summons, complaint and court orders 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). Copies of the summons, complaint and court orders shall also
be served by registered or certified mail on the Commissioner of Social Security, c/o Office of the
General Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545. See
Fed. R. Civ. P. 4(i)(2).
Dated: September 26, 2017
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?