(SS) Henry v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2020 GRANTING plaintiff's #2 Motion to Proceed In Forma Pauperis. Within 14 days from the date of this order, Plaintiff shall submit to the United States Marshal "USM" the required documents for service and shall file a statement with the Court that such documents have been submitted to the USM. The USM is directed to serve all process without prepayment of costs not later than 60 days from the date of this order. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENDA ANNETTE HENRY,

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Plaintiff,

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v.

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No. 2:20–cv–2293–KJN SS
ORDER GRANTING IFP AND
DIRECTING SERVICE
(ECF No. 2)

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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Plaintiff has requested leave to proceed without the prepayment of fees and costs, also

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referred to as in forma pauperis, pursuant to 28 U.S.C. § 1915.1 Plaintiff submitted the required

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affidavit, which demonstrates that Plaintiff is unable to prepay fees and costs or give security for

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them. Accordingly, the request to proceed in forma pauperis is granted. See 28 U.S.C. § 1915(a).

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For the foregoing reasons, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is GRANTED;

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2.

The Clerk of the Court is directed to serve a copy of this order on the United States
Marshal;

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3.

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Within 14 days from the date of this order, Plaintiff shall submit to the United

This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(15) and 28 U.S.C.
§ 636(b)(1).
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States Marshal (501 I St., 5th Floor, Sacramento, CA 95814) an original and five

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copies of the completed summons, five copies of the complaint, five copies of the

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scheduling order, and a completed USM-285 form, and shall file a statement with

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the Court that such documents have been submitted to the United States Marshal;

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4.

The United States Marshal is directed to serve all process without prepayment of

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costs not later than 60 days from the date of this order. Service of process shall be

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completed by delivering a copy of the summons, complaint, and scheduling order

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to the United States Attorney for the Eastern District of California, and by sending

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two copies of the summons, complaint, and scheduling order by registered or

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certified mail to the Attorney General of the United States at Washington, D.C.

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See Fed. R. Civ. P. 4(i)(1)(A) & (B). The Marshal shall also send a copy of the

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summons, complaint, and scheduling order by registered or certified mail to the

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Commissioner of Social Security, c/o Office of General Counsel, Region IX, 160

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Spear Street, Suite 800, San Francisco, CA, 94105-1545. See Fed. R. Civ. P.

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4(i)(2). The United States Marshal shall thereafter file a statement with the Court

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that such documents have been served; and

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5.

The parties are hereby notified that, after service of the complaint, this action will

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be STAYED pursuant to General Order Number 615, and there will be no

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scheduling order or deadlines in effect pending further order of the court. See E.D.

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Cal. G.O. No. 615, Paragraphs 6, 10.

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Dated: November 18, 2020

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henr.2293

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