(SS)Ferris v. Commissioner of Social Security, No. 2:2014cv02569 - Document 8 (E.D. Cal. 2014)
Court Description: ORDER signed by Magistrate Judge Allison Claire on 12/23/2014 ORDERING that Plaintiff's 2 request to proceed IFP is DISREGARDED AS MOOT. The 4 Findings and Recommendations are VACATED. Plaintiff's 6 request to proceed in forma pauperi s is GRANTED. The Clerk of the Court is directed to serve scheduling order in social security cases. The Clerk of the Court is further directed to serve a copy of this order on the United States Marshal. Within fourteen days from the date of this or der, plaintiff shall submit to the United States Marshal a completed summons and copies of the first amended complaint and file a statement with the court that said documents have been submitted to the United States Marshal. The United States Marshal is directed to serve all process without prepayment of costs not later than sixty days from the date of this order. (cc: USM) (Zignago, K.)
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(SS)Ferris v. Commissioner of Social Security Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN WILLIAM FERRIS, V, 12 Plaintiff, 13 14 15 No. 2:14-cv-02569 AC v. ORDER CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 16 Plaintiff initiated this action pro se on November 3, 2014. ECF No. 1. On December 5, 17 18 2014, following plaintiff’s failure to timely file either a proper in forma pauperis affidavit or pay 19 the appropriate filing fee, the court issued findings and recommendations recommending this 20 action be dismissed without prejudice. ECF No. 4. On December 23, 2014, plaintiff, through counsel, ECF No. 5, filed a proper in forma 21 22 pauperis affidavit and a first amended complaint. ECF Nos. 6–7. Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis. 23 24 Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable to 25 prepay fees and costs or give security for them. Accordingly, the request to proceed in forma 26 pauperis will be granted. 28 U.S.C. § 1915(a). 27 //// 28 //// 1 Dockets.Justia.com 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s November 3, 2014 request to proceed in forma pauperis, ECF No. 2, is 3 4 5 6 7 8 9 10 11 12 disregarded as moot; 2. The Findings and Recommendations entered December 5, 2014, ECF No. 4, are vacated; 3. Plaintiff’s December 23, 2014 request to proceed in forma pauperis, ECF No. 6, is granted. 4. The Clerk of the Court is directed to serve the undersigned’s scheduling order in social security cases. 5. The Clerk of the Court is further directed to serve a copy of this order on the United States Marshal. 6. Within fourteen days from the date of this order, plaintiff shall submit to the United 13 States Marshal a completed summons and copies of the first amended complaint and file a 14 statement with the court that said documents have been submitted to the United States Marshal. 15 7. The United States Marshal is directed to serve all process without prepayment of costs 16 not later than sixty days from the date of this order. Service of process shall be completed by 17 delivering a copy of the summons and first amended complaint to the United States Attorney for 18 the Eastern District of California, and by sending a copy of the summons and first amended 19 complaint by registered or certified mail to the Attorney General of the United States at 20 Washington, D.C. See Fed. R. Civ. P. 4(i)(1)(A) & (B). The Marshal shall also send a copy of 21 the summons and first amended complaint by registered or certified mail to the Commissioner of 22 Social Security, c/o Office of General Counsel, Region IX, 160 Spear Street, Suite 800, San 23 Francisco, CA 94105-1545. See Fed. R. Civ. P. 4(i)(2). 24 DATED: December 23, 2014 25 26 27 28 2
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