Vandermeer v. Commissioner of Social Security

Filing 5

ORDER that the Plaintiff's Amended Application Doc. 4 is GRANTED, and the Plaintiff shall be allowed to proceed without prepayment of the filing fee or giving security therefor. IT IS FURTHER ORDERED as follows: Plaint iff's counsel shall prepare summonses for all appropriate parties and submit the summons to the Clerk via Cyberclerk within 7 days of entry of this Order; Upon receipt of the summons, the Clerk shall deliver process to the United States Marshal for service; and 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 ensure that process is effected. (Summons due by 9/16/2021.) Signed by Chief Judge Martin Reidinger on 9/9/2021. (rhf)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:21-cv-00197-MR SCOTTIE FRANCIS VANDERMEER, ) ) Plaintiff, ) ) vs. ) ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. ) ________________________________ ) ORDER THIS MATTER comes before the Court upon the Plaintiff’s “Response to Order of the Court,” which the Court construes as an Amended Application to Proceed in District Court Without Prepaying Fees or Costs [Doc. 4]. The Plaintiff seeks to proceed with this civil action without having to prepay the costs associated with prosecuting the matter. [Doc. 4]. Upon review of the Amended Application, it appears that the Plaintiff lacks the resources with which to pay the required filing fee. Accordingly, the Court finds that the Plaintiff’s Application should be granted. IT IS, THEREFORE, ORDERED that the Plaintiff’s Amended Application [Doc. 4] is GRANTED, and the Plaintiff shall be allowed to proceed without prepayment of the filing fee or giving security therefor. Case 1:21-cv-00197-MR Document 5 Filed 09/09/21 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 ensure that process is effected. IT IS SO ORDERED. Signed: September 9, 2021 2 Case 1:21-cv-00197-MR Document 5 Filed 09/09/21 Page 2 of 2

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