Sartiaguda v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Craig M. Kellison on 12/1/2017 GRANTING plaintiff's 2 Motion to Proceed IFP. The Clerk is directed to serve scheduling order in social security cases. Within 15 days from the date of this order, plaintiff sha ll submit to the United States Marshal a completed summons and copies of the complaint and file a statement with the court that said 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 60 days from the date of this order. (Zignago, K.)

1
2
3
4
5
6
7
8
9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11
12

ALVIN REYES SARTIAGUDA,

13
14
15

No. 2:17-cv-2280-CMK

Plaintiff,
vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

16
Defendant.
17
/
18
19

Plaintiff, who is proceeding with retained counsel, brings this action under

20

42 U.S.C. § 405(g) for judicial review of a final decision of the Commissioner of Social Security.

21

Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis (Doc. 2).

22

Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable to

23

prepay fees and costs or give security therefor. The request to proceed in forma pauperis will,

24

therefore, be granted. See 28 U.S.C. § 1915(a). Plaintiff will be required by this order to submit

25

documents to the United States Marshal and file notice with the court. Plaintiff is warned that

26

failure to comply with this order may result in the dismissal of this action. See Local Rule 110.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

Plaintiff's request to proceed in forma pauperis (Doc. 2) is granted;

3

2.

The Clerk of the Court is directed to serve on plaintiff the undersigned’s

4
5
6
7

scheduling order in social security cases;
3.

The Clerk of the Court is further directed to serve a copy of this order on

the United States Marshal;
4.

Within 15 days from the date of this order, plaintiff shall submit to the

8

United States Marshal a completed summons and copies of the complaint and file a statement

9

with the court that said documents have been submitted to the United States Marshal;

10

5.

The United States Marshal is directed to serve all process without

11

prepayment of costs not later than 60 days from the date of this order, such service of process to

12

be completed by delivering a copy of the summons and complaint to the United States Attorney

13

for the Eastern District of California, and by sending a copy of the summons and complaint by

14

registered or certified mail to the Attorney General of the United States in Washington, D.C.,

15

pursuant to Federal Rule of Civil Procedure 4(i)(1)(A) & (B); and

16

6.

The United States Marshal shall also send a copy of the summons and

17

complaint by registered or certified mail to the Commissioner of Social Security, c/o Office of

18

the General Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545,

19

pursuant to Federal Rule of Civil Procedure 4(i)(2).

20
21
22
23

DATED: December 1, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

24
25
26
2