Trew v. Astrue
MEMORANDUM AND ORDER granting 2 Plaintiff's Motion for Leave to Proceed in forma pauperis. Ordered by Magistrate Judge Cheryl R. Zwart. (Summons and 285 forms mailed as directed)(JAB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MEMORANDUM AND ORDER
MICHAEL J. ASTRUE, Commissioner of the
Social Security Administration;
Plaintiff has filed an application to Proceed in District Court Without Prepaying Fees or
Costs (filing no. 2). The information contained in plaintiff's affidavit demonstrates that plaintiff
is eligible to proceed in forma pauperis.
IT IS ORDERED:
Plaintiff's application, (filing no. 2) is granted, and the complaint shall be filed
without payment of fees.
The Clerk of Court shall send a copy of this Memorandum and Order together
with three summons forms and three USM-285 forms to the plaintiff's attorney of record for
service of process on the United States.
If the plaintiff is not requesting service by United States Marshal, Plaintiff's
counsel shall, as soon as possible, complete the summons forms and return them to the Clerk of
the court to be issued. The issued summons will them be returned to plaintiff’s counsel for
service on the defendant(s).
If the plaintiff is requesting service by the United States Marshal, Plaintiff’s
counsel shall, as soon as possible, complete the USM-285 forms and the summons forms and
return them to the Clerk of the court. The Clerk of the court will sign the summons form, to be
forwarded with a copy of Plaintiff’s Complaint to the U.S. Marshal for service of process. The
Clerk of the court will copy the Complaint; Plaintiff ‘s counsel need not to do so. The Marshal
shall serve the summons and the Complaint without payment of costs or fees.
This order is entered without prejudice to the court later entering an order taxing
costs in this case. No one, including any plaintiff, is relieved by this order from the obligation to
pay or to reimburse taxable costs after this action is over.
Dated this 1st day of June, 2012.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge
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