Elawyers Elawyers
Washington| Change

Tuell v. Commissioner of Social Security, 1:18-cv-01624-SAB. (2018)

Court: District Court, E.D. California Number: infdco20181130890 Visitors: 19
Filed: Nov. 29, 2018
Latest Update: Nov. 29, 2018
Summary: ORDER STRIKING NOTICE OF SUBMITTING SERVICE DOCUMENTS TO THE U.S. MARSHAL (ECF Nos. 2, 3, 4). STANLEY A. BOONE , Magistrate Judge . On November 27, 2018 Plaintiff Debbie Dawn Tuell ("Plaintiff") filed a complaint (ECF No. 2), an application to proceed in forma pauperis pursuant to 28 U.S.C. 1915 (ECF No. 3), and a notice of submitting service documents to the U.S. Marshal (ECF No. 4). No summons had been issued, and Plaintiff's application to proceed in forma pauperis had not been approve
More

ORDER STRIKING NOTICE OF SUBMITTING SERVICE DOCUMENTS TO THE U.S. MARSHAL (ECF Nos. 2, 3, 4).

On November 27, 2018 Plaintiff Debbie Dawn Tuell ("Plaintiff") filed a complaint (ECF No. 2), an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (ECF No. 3), and a notice of submitting service documents to the U.S. Marshal (ECF No. 4). No summons had been issued, and Plaintiff's application to proceed in forma pauperis had not been approved by the Court prior to Plaintiff filing the notice of submitting service documents to the U.S. Marshal. (ECF Nos. 3, 4.) Additionally, the notice of submitting service documents was unsigned. (ECF No. 4.) Unsigned documents cannot be considered by the Court. Fed. R. Civ. P. 11(a); Local Rule 131(b).

For these reasons, the notice of submitting service documents to the U.S. Marshal shall be stricken from the record. (ECF No. 4.) Plaintiff is advised that she may refile the notice of submitting service documents to the U.S. Marshal after the Court's order regarding the in forma pauperis application is entered on the docket, and the summons is issued.

Accordingly, IT IS HEREBY ORDERED that Plaintiff's notice of submitting service documents to the U.S. Marshal (ECF No. 4) is STRICKEN FROM THE RECORD.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer