Medich v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 11/17/11 granting 2 Motion to Proceed IFP. The Clerk of the Court is directed to issue process and to serve upon plaintiff the undersigned's Scheduling Order and Order regarding Consent or req uest for reassignment for social security cases. The clerk of the court is further directed to serve a copy of this order on the U.S. Marshal. Within 14 days from the date of this order, plaintiff shall submit to the U.S. Marshal a completed summon s, instruction sheet, a completed USM-285 form, sufficient copies of the summons and complaint for service of process and sufficient copies of the Scheduling Order and Order regarding Consent or Request for reassignment in this case. Within 5 days a fter submitting the necessary documents to the U.S. Marshal for service of process, plaintiff shall file in this court a declaration stating the date on which the documents were submitted to the U.S. Marshal. The U.S. Marshal is directed to serve pr ocess and copies of the undersigned Scheduling Order and Order regarding Consent or Request for Reassignment without prepayment of costs not later than 60 days from the date of this order. (See order for further details)(Copy of this order hand deli vered to the U.S. Marshal)(A copy of this order, issued summons, 1 USM-285 form, Copy of the new case documents including the scheduling order and consent form, and copy of the complaint served by mail on the attorney for plaintiff). (Plummer, M) Modified on 11/18/2011 (Plummer, M).

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WENDY MEDICH, 11 12 13 Plaintiff, Case No. 2:11-cv-2894 DAD v. MICHAEL J. ASTRUE, Commissioner of Social Security, ORDER 14 Defendant. 15 / 16 Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma 17 pauperis. Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is 18 unable to prepay fees and costs or give security for them. Accordingly, the request to proceed in 19 forma pauperis will be granted. 20 In accordance with the above, IT IS HEREBY ORDERED that: 21 1. Plaintiff’s application to proceed in forma pauperis is granted. 22 2. The Clerk of the Court is directed to issue process and to serve upon plaintiff 23 the undersigned’s Scheduling Order and Order re Consent or Request for Reassignment for social 24 security cases. 25 26 3. The Clerk of the Court is further directed to serve a copy of this order upon the United States Marshal. 1 1 4. Within fourteen (14) days from the date of this order, plaintiff shall submit to 2 the United States Marshal a completed summons, a completed USM-285 form, sufficient copies 3 of the summons and complaint for service of process in accordance with Federal Rule of Civil 4 Procedure 4(i), and sufficient copies of the Scheduling Order and Order re Consent or Request 5 for Reassignment issued in this case. Information regarding the number of copies currently 6 required by the United States Marshal may be obtained from the United States Marshals Service, 7 501 I Street, Suite 5600, Sacramento, CA 95814 (tel. 916-930-2030). 8 9 5. Within five (5) days after submitting the necessary documents to the United States Marshal for service or process, plaintiff shall file in this court a declaration stating the date 10 on which the documents were submitted to the United States Marshal. Failure to file a timely 11 declaration may result in an order imposing appropriate sanctions. 12 6. The United States Marshal is directed to serve process and copies of the 13 undersigned’s Scheduling Order and Order re Consent or Request for Reassignment without 14 prepayment of costs not later than sixty (60) days from the date of this order. Service of process 15 shall be completed by delivering all necessary documents to the United States Attorney for the 16 Eastern District of California and by sending copies of the summons, complaint and court orders 17 by registered or certified mail to the Attorney General of the United States at Washington, D.C. 18 See Fed. R. Civ. P. 4(i)(1)(A) & (B). Copies of the summons, complaint and court orders shall 19 also be served by registered or certified mail on the Commissioner of Social Security, c/o Office 20 of General Counsel, 6401 Security Boulevard, Room 611, Altmeyer Building, Baltimore, MD 21 21235. See Fed. R. Civ. P. 4(i)(2). 22 DATED: November 17, 2011. 23 24 25 DAD:6 ddad1/orders.socsec/medich2894.ifp 26 2

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