Smith Winston v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 09/13/17 GRANTING 2 Motion to Proceed IFP and ORDERING the Clerk to serve scheduling order; within 14 days, plaintiff shall submit service documents to the USM and file a statement to the court regarding the submission; USM shall serve process within 60 days. (Benson, A.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGELEKA M SMITH WINSTON, 12 13 14 15 No. 2:17-cv-01901 AC Plaintiff, v. ORDER NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, 16 Defendant. 17 Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis. 18 Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable to 19 prepay fees and costs or give security for them. Accordingly, the request to proceed in forma 20 pauperis will be granted. 28 U.S.C. § 1915(a). 21 In accordance with the above, IT IS HEREBY ORDERED that: 22 1. Plaintiff's request to proceed in forma pauperis (ECF No. 2), is GRANTED. 23 2. The Clerk of the Court is directed to serve the undersigned’s scheduling order in social 24 security cases. 25 3. The Clerk of the Court is further directed to serve a copy of this order on the United 26 States Marshal. 27 4. Within fourteen days from the date of this order, plaintiff shall submit to the United 28 1 1 States Marshal a completed summons and copies of the complaint and file a statement with the 2 court that said documents have been submitted to the United States Marshal. 3 5. The United States Marshal is directed to serve all process without prepayment of costs 4 not later than sixty days from the date of this order. Service of process shall be completed by 5 delivering a copy of the summons and complaint to the United States Attorney for the Eastern 6 District of California, and by sending a copy of the summons and complaint by registered or 7 certified mail to the Attorney General of the United States at Washington, D.C. See Fed. R. Civ. 8 P. 4(i)(1)(A) & (B). The Marshal shall also send a copy of the summons and complaint by 9 registered or certified mail to the Commissioner of Social Security, c/o Office of General 10 Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545. See Fed. R. 11 Civ. P. 4(i)(2). 12 IT IS SO ORDERED. 13 DATED: September 13, 2017 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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