(SS) Swinhart v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/14/2020 GRANTING plaintiff's 2 Motion to Proceed IFP. Within fourteen days, plaintiff shall submit service documents to the United States Marshal and file a statement with the court t hat said documents have been submitted. The United States Marshal is directed to serve all process without prepayment of costs not later than sixty days from the date of this order. The parties are hereby notified that, after service of the complaint , this action will be stayed pursuant to General Order Number 615, and there will be no scheduling order or deadlines in effect pending further order of the court. The Clerk is directed to issue the Consent/Decline forms only. Pursuant to General Order Number 615, no Briefing Schedule shall issue. (Zignago, K.)

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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 GARY R. SWINHART, 12 13 14 15 No. 2:20-cv-01955 CKD Plaintiff, v. ORDER ANDREW M. SAUL, Commissioner of Social Security, Defendant. 16 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. 28 U.S.C. § 1915(a). 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted. 24 2. The Clerk of the Court is further directed to serve a copy of this order on the United 25 26 States Marshal. 3. Within fourteen days from the date of this order, plaintiff shall submit to the United 27 States Marshal a completed summons and copies of the complaint and to file a statement with the 28 court that said documents have been submitted to the United States Marshal. 1 1 4. The United States Marshal is directed to serve all process without prepayment of costs 2 not later than sixty days from the date of this order. Service of process shall be completed by 3 delivering a copy of the summons and complaint to the United States Attorney for the Eastern 4 District of California, and by sending a copy of the summons and complaint by registered or 5 certified mail to the Attorney General of the United States at Washington, D.C. See Fed. R. Civ. 6 P. 4(i)(1)(A) & (B). The Marshal shall also send a copy of the summons and complaint by 7 registered or certified mail to the Commissioner of Social Security, c/o Office of the General 8 Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545. See Fed. R. 9 Civ. P. 4(i)(2). 10 5. The parties are hereby notified that, after service of the complaint, this action will be 11 stayed pursuant to General Order Number 615, and there will be no scheduling order or deadlines 12 in effect pending further order of the court. See E.D. Cal. G.O. No. 615, Paragraphs 6,10. 13 6. The Clerk is directed to issue the Consent/Decline forms only. Pursuant to General 14 Order Number 615, no Briefing Schedule shall issue. 15 Dated: October 14, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 2/swinhart1955.ss.ifp_stay 23 24 25 26 27 28 2

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