(SS) Gamble v. Commissioner of Social Security, No. 1:2008cv01744 - Document 10 (E.D. Cal. 2009)
Court Description: ORDER Vacating 8 Findings and Recommendations signed by Magistrate Judge Gary S. Austin on 4/7/2009. Documents to be returned by 5/11/2009.(Esteves, C)
Download PDF
<![CDATA[
(SS) Gamble v. Commissioner of Social Security Doc. 10 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 STALLA GAMBLE, 10 11 12 13 14 15 16 17 ) ) ) ) ) Plaintiff, ) ) vs. ) ) MICHAEL J. ASTRUE, Commissioner, ) ) ) Defendant. ) ____________________________________) 1:08-cv-1744 OWW GSA ORDER VACATING FINDINGS AND RECOMMENDATION (Document 8) On November 14, 2008, Plaintiff filed the present action in this Court. Plaintiff seeks review 18 of the Commissioner’s denial of her application for benefits. On November 14, 2008, Plaintiff also 19 filed a motion to proceed in forma pauperis. Thereafter, on November 18, 2008, this Court granted 20 Plaintiff’s motion to proceed in forma pauperis and ordered that the Clerk of this Court issue 21 summons and the United States marshal serve a copy of the complaint, summons and order upon the 22 defendant “as directed by the plaintiff.” (Document 4). The order granting the motion included the 23 following attachments: (1) Instructions and Notice of Submission and (2) USM-285 Forms. The 24 instructions directed Plaintiff to provide the clerk’s office with the original and five copies of the 25 Summons, five copies of the order directing service by the U.S. Marshal, five copies of the 26 complaint, one completed USM-285 form addressed to the Social Security Administration and five 27 copies of any other documents to be served. Plaintiff was served with the aforementioned order and 28 1 Dockets.Justia.com 1 attachments by mail on November 18, 2008. 2 As of January 29, 2009, Plaintiff had not submitted the required documents to the Clerk’s 3 Office for service by the United States Marshal on the defendant(s). Accordingly, the court issued an 4 Order for Plaintiff to Show Cause why the action should not be dismissed for failure to complete and 5 return the service documents. (Doc. 7). Plaintiff was ordered to file a written response to the Order 6 to Show Cause within twenty (20) days from the date of the order. Plaintiff did not respond to the 7 Order to Show Cause. Due to the lack of response, on March 3, 2009, this court issued Findings and 8 Recommendation recommending that this action be dismissed for failure to comply with a court 9 order. Plaintiff was given thirty (30) days to file any objections to the Findings and 10 Recommendation. 11 On April 2, 2009, Plaintiff filed objections indicating that she never received the Order to 12 Show Cause dated March 3, 2009. Plaintiff states that she only became aware of the order after 13 calling the Clerk’s Office on March 10, 2009. Plaintiff requests that the court not dismiss her 14 complaint and that the case proceed as scheduled. 15 Based on Plaintiff’s representations, the court will vacate the Findings and Recommendation 16 issued on March 3, 2009. However, the court notes that the address Plaintiff provided on her most 17 recent pleading is the same address that all previous orders were sent to. If Plaintiff now has a 18 different address, Plaintiff must notify the court as soon as possible. 19 Plaintiff will be given another opportunity to provide the court with the necessary 20 information so that this case may proceed. Specifically, Plaintiff shall follow the directions outlined 21 in this court’s order dated November 18, 2008, and provide the clerk’s office with the original and 22 five copies of the Summons, five copies of the order directing service by the U.S. Marshal, five 23 copies of the complaint, one completed USM-285 form addressed to the Social Security 24 Administration and five copies of any other documents to be served. Plaintiff shall return all of the 25 aforementioned documents to the Clerk’s Office within thirty (30) days of this order. Failure to 26 comply with this order may result in this case being dismissed. 27 /// 28 2 1 Accordingly, it is hereby ordered that : 2 1) The Findings and Recommendation issued on March 3, 2009 is hereby VACATED; 3 2) The Clerk of the Court is directed to include with this order, a copy of the this court’s 4 order and summons issued on November 18, 2009 (Docs. 4 and 5), which outlines in detail 5 instructions regarding service of documents Plaintiff must follow in order for this case to proceed; 6 and 7 3) Plaintiff shall return all required documents to the Clerk’s Office no later than thirty (30) 8 days from the date of this order. 9 IT IS SO ORDERED. 10 Dated: 6i0kij April 7, 2009 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
