(SS) Le v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Dennis M. Cota on 10/03/19 GRANTING 3 Motion to Proceed IFP; Clerk to serve scheduling order; within 15 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 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HOANG TRONG LE, 12 Plaintiff, 13 14 15 No. 2:19-CV-0751-DMC v. ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant. 16 17 Plaintiff, who is proceeding with retained counsel, brings this action for judicial 18 19 review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). 20 Pending before the court is plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 3). 21 Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is 22 unable to prepay fees and costs or give security therefor. The request to proceed in forma 23 pauperis will, therefore, be granted. See 28 U.S.C. § 1915(a). Plaintiff will be required by this 24 order to submit documents to the United States Marshal and file notice with the court. Plaintiff is 25 warned that failure to comply with this order may result in the dismissal of this action. See Local 26 Rule 110. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff's request to proceed in forma pauperis (ECF No. 3) 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 the 18 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 Dated: October 3, 2019 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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