Kappes v. Commissioner of Social Security

Filing 10

ORDER signed by Magistrate Judge Deborah Barnes on 11/16/18 DIRECTING defendant to file a memorandum within 14 days of the date of this order addressing whether defendant has been served with process and whether defendant intends to defend this action and file the administrative record within 90 days. (Coll, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

GEORGE KAPPES, III,

12

Plaintiff,

13
14
15

No. 2:18-cv-0002 JAM DB

v.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

16

Defendant.

17
On January 23, 2018, the undersigned granted plaintiff’s motion to proceed in forma

18
19

pauperis and ordered plaintiff to submit to the United States Marshal the documents necessary for

20

service of process. (ECF No. 3.) On September 26, 2018, the undersigned issued findings and

21

recommendations, recommending that this action be dismissed due to plaintiff’s failure to

22

prosecute stemming from plaintiff’s apparent failure to submit documents necessary for service of

23

process on the defendant to the United States Marshal. (Id. at 1.)
However, on October 17, 2018, defendant filed a consent to jurisdiction of United States

24
25

Magistrate form. (ECF No. 8.) In this regard, it appears plaintiff may have submitted the

26

documents necessary for service of process on the defendant, and that defendant may have been

27

served with process.

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this

2

order defendant shall file a memorandum addressing: (1) whether defendant has been served with

3

process; and (2) whether defendant intends to defend this action and file the administrative record

4

within 90 days.

5

Dated: November 16, 2018

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

DLB:6
DB\orders\orders.soc sec\kappes0002.def.int.ord

23
24
25
26
27
28
2