Sutton v. Berryhill

Filing 3

ORDER Granting Plaintiff's 1 Application for Leave to Proceed in forma pauperis signed by Hon. James P. Donohue. Plaintiff's counsel is directed to update the caption on all future filings with the Court. (KMP)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 9 10 11 12 Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 15 16 ORDER GRANTING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS Defendant. 13 14 Case No. C17-5918-RJB-JPD MARK WAYNE SUTTON, After careful consideration of plaintiff’s application to proceed in forma pauperis (“IFP”), the governing law, and the balance of the record, the Court ORDERS: (1) Plaintiff’s application to proceed IFP, Dkt. 1, is GRANTED. Plaintiff does not 17 appear to have funds available to afford the $400.00 filing fee. However, plaintiff failed to 18 include the full name of the defendant in the caption. Nancy A. Berryhill is now the Acting 19 Commissioner of the Social Security. Without more, the “Commissioner of Social Security 20 Administration” is not the correct name for the defendant in this action. Plaintiff’s counsel is 21 directed to update the caption on all future filings with the Court. Failure to make this 22 change in the future may cause this Court to strike the pleading. 23 24 (2) The Clerk of the Court is directed to send a copy of this Order to plaintiff’s counsel, and to issue summonses to plaintiff’s counsel to enable proper service of the ORDER - 1 1 complaint on the appropriate parties. Plaintiff shall note that it is plaintiff’s attorney’s 2 responsibility to serve copies of the complaint properly along with appropriate summonses as 3 required by Rule 4 of the Federal Rules of Civil Procedure. Plaintiff may effectuate service 4 electronically as detailed in General Orders 04-15 and 05-15, by sending a copy of the 5 summonses and complaint, along with plaintiff’s identifying information, by email to 6 A certificate of service must also be promptly filed with 7 the Court. 8 DATED this 13th day of November, 2017. A 9 10 JAMES P. DONOHUE Chief United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER - 2

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