Bailey v. Saul

Filing 3

ORDER that the Plaintiff's #2 MOTION (Sealed - Participants) to Proceed in forma pauperis is GRANTED. Plaintiff's counsel shall prepare summonses for all appropriate parties and submit to the Clerk within 7 days of the entry of this order. The United States Marshal shall serve process upon Defendant. (Summons due by 2/24/2021). Signed by Chief Judge Martin Reidinger on 2/16/2021. (rhf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:21-cv-00033-MR

JAMES LELAND BAILEY,

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Plaintiff,
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vs.
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ANDREW SAUL, Commissioner of
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Social Security,
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Defendant.
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________________________________ )

ORDER

THIS MATTER comes before the Court upon the Plaintiff’s Application
to Proceed in District Court without Prepaying Fees or Costs [Doc. 2].
The Plaintiff seeks to proceed with this civil action without having to
prepay the costs associated with prosecuting the matter. [Doc. 2]. Upon
review of the application, it appears that the Plaintiff lacks the resources with
which to pay the required filing fee. Accordingly, the Court finds that the
application should be granted.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Application [Doc. 2]
is GRANTED, and the Plaintiff shall be allowed to proceed without
prepayment of the filing fee or giving security therefor.

Case 1:21-cv-00033-MR Document 3 Filed 02/17/21 Page 1 of 2

IT IS FURTHER ORDERED as follows:
(1) Plaintiff’s counsel shall prepare summonses for all
appropriate parties and submit the summons to the Clerk via
Cyberclerk within seven (7) days of entry of this Order;
(2) Upon receipt of the summons, the Clerk shall deliver process
to the United States Marshal for service; and
(3) The United States Marshal shall serve process upon the
Defendant at the expense of the United States Government.
Although the United States Marshal shall serve process in this
action, it remains the responsibility of counsel to make sure that
process is effected.
IT IS SO ORDERED.
Signed: February 16, 2021

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Case 1:21-cv-00033-MR Document 3 Filed 02/17/21 Page 2 of 2