Washington v. Astrue

Filing 6

ORDER Granting 1 Application for Leave to Proceed in forma pauperis. FURTHER ORDERED that the Clerk shall file the complaint, issue summons, and deliver summons to the US Marshal for service. Plaintiff shall have 20 days to furnish to the US Marshal the required USM-285 forms. Signed by Magistrate Judge Lawrence R. Leavitt on 7/12/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KEVIN L. WASHINGTON,

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Plaintiff,

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v.

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MICHAEL J. ASTRUE,

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Defendant.

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2:11-cv-00860-JCM-LRL
ORDER

The plaintiff has submitted an Application to Proceed In Forma Pauperis (#1). The court finds
that the plaintiff is unable to prepay the filing fee.

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Accordingly, and for good cause shown,

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IT IS ORDERED that plaintiff’s Application to Proceed In Forma Pauperis (#1) is GRANTED.

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IT IS FURTHER ORDERED that the plaintiff is permitted to maintain the action to conclusion

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without the necessity of prepayment of any additional fees, costs, or security. This Order granting forma

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pauperis status shall not extend to the issuance of subpoenas at government expense.

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IT IS FURTHER ORDERED that the Clerk of Court shall file the complaint, issue summons

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to the defendants named in the complaint, and deliver the summons to the U.S. Marshal for service. The

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plaintiff shall have twenty (20) days to furnish to the U.S. Marshal the required USM-285 forms.

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IT IS FURTHER ORDERED that after plaintiff receives copies of the completed USM-285

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forms from the U.S. Marshal, he has twenty (20) days to file a notice with the court identifying which

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defendants were served and which were not served, if any. If the plaintiff wishes to have the U.S.

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Marshal attempt service again on any unserved defendants, then a motion must be filed with the court

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identifying the unserved defendants, specifying a more detailed name and address, and indicating

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whether some other manner of service should be used. Pursuant to the Federal Rules of Civil Procedure

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Rule 4(m), service must be accomplished within one hundred twenty (120) days from the date that the

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complaint was filed.

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IT IS FURTHER ORDERED that henceforth plaintiff shall serve upon defendants, or their

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attorney if they have retained one, a copy of every pleading, motion, or other document submitted for

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consideration by the court. Plaintiff shall include with the original paper submitted for filing a certificate

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stating the date that a true and correct copy of the document was mailed to the defendants or their

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counsel. The court may disregard any paper received by a district judge, magistrate judge, or the Clerk

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which fails to include a certificate of service.

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DATED this 12th day of July, 2011.

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LAWRENCE R. LEAVITT
UNITED STATES MAGISTRATE JUDGE

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