(SS) King v. Commissioner Social Security

Filing 3

ORDER signed by Magistrate Judge Deborah Barnes on 11/19/2020 GRANTING 2 Motion to Proceed IFP. Within 28 days from the date of this order, plaintiff shall submit to the USM the necessary documents. Within 14 days after submitting the necessary do cuments to the USM, plaintiff shall file a declaration stating the date on which the documents were submitted. The USM is DIRECTED to serve all process without prepayment of costs within 60 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. (Huang, H)

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Case 2:20-cv-02178-DB Document 3 Filed 11/20/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DENISE LEA KING, 12 13 14 15 No. 2:20-cv-2178DB Plaintiff, v. ORDER ANDREW SAUL, 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. Within twenty-eight (28) days from the date of this order, plaintiff shall submit to the United States Marshal a completed summons, a completed USM-285 form, sufficient copies of 1 Case 2:20-cv-02178-DB Document 3 Filed 11/20/20 Page 2 of 2 1 the summons and complaint for service of process in accordance with Federal Rule of Civil 2 Procedure 4(i), a copy of this order, and sufficient copies of the Scheduling Order and Order re 3 Consent or Request for Reassignment issued in this case. Information regarding the number of 4 copies currently required by the United States Marshal may be obtained from the United States 5 Marshals Service, 501 I Street, Suite 5600, Sacramento, CA 95814 (tel. 916-930-2030). 6 4. Within fourteen (14) days after submitting the necessary documents to the United 7 States Marshal for service or process, plaintiff shall file in this court a declaration stating the date 8 on which the documents were submitted to the United States Marshal. Failure to file a timely 9 declaration may result in an order imposing appropriate sanctions. 10 5. The United States Marshal is directed to serve process and copies of the undersigned’s 11 Scheduling Order and Order re Consent or Request for Reassignment without prepayment of 12 costs not later than sixty (60) days from the date of this order. Service of process shall be 13 completed by delivering all necessary documents to the United States Attorney for the Eastern 14 District of California and by sending copies of the summons, complaint and court orders by 15 registered or certified mail to the Attorney General of the United States at Washington, D.C. See 16 Fed. R. Civ. P. 4(i)(1)(A) & (B). Copies of the summons, complaint and court orders shall also 17 be served by registered or certified mail on 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. See 19 Fed. R. Civ. P. 4(i)(2). 20 6. After service of the complaint this action and the dates set forth in the undersigned’s 21 Scheduling Order are stayed pursuant to General Order Number 615. The stay will be 22 automatically lifted when the Commissioner files the Certified Administrative Record. 23 DATED: November 19, 2020 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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