(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRENDA ANNETTE HENRY, 12 Plaintiff, 13 v. 14 No. 2:20–cv–2293–KJN SS ORDER GRANTING IFP AND DIRECTING SERVICE (ECF No. 2) COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 Plaintiff has requested leave to proceed without the prepayment of fees and costs, also 18 19 referred to as in forma pauperis, pursuant to 28 U.S.C. § 1915.1 Plaintiff submitted the required 20 affidavit, which demonstrates that Plaintiff is unable to prepay fees and costs or give security for 21 them. Accordingly, the request to proceed in forma pauperis is granted. See 28 U.S.C. § 1915(a). 22 For the foregoing reasons, 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 directed to serve a copy of this order on the United States Marshal; 25 3. 26 27 28 1 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). 1 1 States Marshal (501 I St., 5th Floor, Sacramento, CA 95814) an original and five 2 copies of the completed summons, five copies of the complaint, five copies of the 3 scheduling order, and a completed USM-285 form, and shall file a statement with 4 the Court that such documents have been submitted to the United States Marshal; 5 4. The United States Marshal is directed to serve all process without prepayment of 6 costs not later than 60 days from the date of this order. Service of process shall be 7 completed by delivering a copy of the summons, complaint, and scheduling order 8 to the United States Attorney for the Eastern District of California, and by sending 9 two copies of the summons, complaint, and scheduling order by registered or 10 certified mail to the Attorney General of the United States at Washington, D.C. 11 See Fed. R. Civ. P. 4(i)(1)(A) & (B). The Marshal shall also send a copy of the 12 summons, complaint, and scheduling order by registered or certified mail to the 13 Commissioner of Social Security, c/o Office of General Counsel, Region IX, 160 14 Spear Street, Suite 800, San Francisco, CA, 94105-1545. See Fed. R. Civ. P. 15 4(i)(2). The United States Marshal shall thereafter file a statement with the Court 16 that such documents have been served; and 17 5. The parties are hereby notified that, after service of the complaint, this action will 18 be STAYED pursuant to General Order Number 615, and there will be no 19 scheduling order or deadlines in effect pending further order of the court. See E.D. 20 Cal. G.O. No. 615, Paragraphs 6, 10. 21 Dated: November 18, 2020 22 23 24 25 henr.2293 26 27 28 2

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