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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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ORDER GRANTING PLAINTIFF’S
APPLICATION TO PROCEED IN
FORMA PAUPERIS

Defendant.

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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

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appear to have funds available to afford the $400.00 filing fee. However, plaintiff failed to

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include the full name of the defendant in the caption. Nancy A. Berryhill is now the Acting

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Commissioner of the Social Security. Without more, the “Commissioner of Social Security

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Administration” is not the correct name for the defendant in this action. Plaintiff’s counsel is

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directed to update the caption on all future filings with the Court. Failure to make this

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change in the future may cause this Court to strike the pleading.

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(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

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complaint on the appropriate parties. Plaintiff shall note that it is plaintiff’s attorney’s

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responsibility to serve copies of the complaint properly along with appropriate summonses as

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required by Rule 4 of the Federal Rules of Civil Procedure. Plaintiff may effectuate service

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electronically as detailed in General Orders 04-15 and 05-15, by sending a copy of the

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summonses and complaint, along with plaintiff’s identifying information, by email to

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[e-mail]. A certificate of service must also be promptly filed with

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the Court.

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DATED this 13th day of November, 2017.

A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER - 2