Haynes v. Commissioner of SSA

Filing 3

ORDER signed by Magistrate Judge Deborah Barnes on 10/11/2017 GRANTING 2 Motion to Proceed IFP and ORDERING the Clerk to issue process. Within 14 days from the date of this order, plaintiff shall submit to the USM all necessary documents to effect uate service on the defendant. The USM is DIRECTED to serve all process no later than 60 days from the date of this order. Within five (5) days after submitting the necessary documents to the United States Marshal for service or process, plaintiff s hall 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. (Becknal, R) Modified on 10/12/2017 (Becknal, R).

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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 KEVIN E. HAYNES, 12 13 14 15 No. 2:17-cv-1984 DB Plaintiff, v. ORDER NANCY A. BERRYHILL, Acting Commissioner of Social Security, 16 Defendant. 17 18 Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis. 19 Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable to 20 prepay fees and costs or give security for them. Accordingly, the request to proceed in forma 21 pauperis will be granted. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Plaintiff’s application to proceed in forma pauperis is granted. 24 2. The Clerk of the Court is directed to issue process and to serve upon plaintiff the 25 undersigned’s Scheduling Order and Order re Consent or Request for Reassignment for social 26 security cases. 27 28 3. The Clerk of the Court is further directed to serve a copy of this order upon the United States Marshal. 1 1 4. Within fourteen (14) days from the date of this order, plaintiff shall submit to the 2 United States Marshal a completed summons, a completed USM-285 form, sufficient copies of 3 the summons and complaint for service of process in accordance with Federal Rule of Civil 4 Procedure 4(i), and sufficient copies of the Scheduling Order and Order re Consent or Request for 5 Reassignment issued in this case. Information regarding the number of copies currently required 6 by the United States Marshal may be obtained from the United States Marshals Service, 501 I 7 Street, Suite 5600, Sacramento, CA 95814 (tel. 916-930-2030). 8 5. Within five (5) days after submitting the necessary documents to the United States 9 Marshal for service or process, plaintiff shall file in this court a declaration stating the date on 10 which the documents were submitted to the United States Marshal. Failure to file a timely 11 declaration may result in an order imposing appropriate sanctions. 12 6. The United States Marshal is directed to serve process and copies of the undersigned’s 13 Scheduling Order and Order re Consent or Request for Reassignment without prepayment of 14 costs not later than sixty (60) days from the date of this order. Service of process shall be 15 completed by delivering all necessary documents to the United States Attorney for the Eastern 16 District of California and by sending copies of the summons, complaint and court orders by 17 registered or certified mail to the Attorney General of the United States at Washington, D.C. See 18 Fed. R. Civ. P. 4(i)(1)(A) & (B). Copies of the summons, complaint and court orders shall also 19 be served by registered or certified mail on the Commissioner of Social Security, c/o Office of the 20 General Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545. See 21 Fed. R. Civ. P. 4(i)(2). 22 Dated: October 11, 2017 23 24 25 26 27 DLB:6 DB\orders\orders.soc sec\haynes1984.ifp.ord 28 2

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