Filed: Aug. 28, 2017
Latest Update: Aug. 28, 2017
Summary: ORDER STRIKING INCOMPLETE APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF No. 2) ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING CLERK OF COURT TO ISSUE SUMMONS (ECF No. 3) STANLEY A. BOONE , Magistrate Judge . Plaintiff Dedra Johhnson ("Plaintiff") filed a complaint on August 25, 2017, along with an application to proceed in forma pauperis pursuant to 28 U.S.C. 1915. (ECF Nos. 1, 2.) Plaintiff's application does not contain a signature. Unsigned filings cannot be co
Summary: ORDER STRIKING INCOMPLETE APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF No. 2) ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING CLERK OF COURT TO ISSUE SUMMONS (ECF No. 3) STANLEY A. BOONE , Magistrate Judge . Plaintiff Dedra Johhnson ("Plaintiff") filed a complaint on August 25, 2017, along with an application to proceed in forma pauperis pursuant to 28 U.S.C. 1915. (ECF Nos. 1, 2.) Plaintiff's application does not contain a signature. Unsigned filings cannot be con..
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ORDER STRIKING INCOMPLETE APPLICATION TO PROCEED IN FORMA PAUPERIS
(ECF No. 2)
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING CLERK OF COURT TO ISSUE SUMMONS (ECF No. 3)
STANLEY A. BOONE, Magistrate Judge.
Plaintiff Dedra Johhnson ("Plaintiff") filed a complaint on August 25, 2017, along with an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) Plaintiff's application does not contain a signature. Unsigned filings cannot be considered by the Court, and therefore, Plaintiff's application to proceed in forma pauperis (ECF No. 2) shall be stricken from the record. See Fed. R. Civ. P. 11(a); Local Rule 131.
Subsequently on August 25, 2017, Plaintiff filed an amended application to proceed in forma pauperis. (ECF No. 3.) Plaintiff's application demonstrates entitlement to proceed without prepayment of fees.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis (ECF No. 2) is STRICKEN FROM THE RECORD;
2. Plaintiff's amended application to proceed in forma pauperis (ECF No. 3) is GRANTED;
3. The Clerk of Court is DIRECTED to issue a summons; and
4. The United States Marshal is DIRECTED to serve a copy of the complaint, summons, and this order upon the defendant if requested by the plaintiff.
IT IS SO ORDERED.
INSTRUCTIONS FOR SERVICE OF SOCIAL SECURITY APPEALS
The court has issued an order granting your application to proceed without prepayment of fees and directing that service of process be made by the United States Marshal. You must provide the clerk's office with the following:
1. The original Summons and five (5) copies of the Summons
2. Five (5) copies of the Order directing service by the U.S. Marshal
3. Five (5) copies of the Complaint
4. One completed USM-285 form addressed to the Social Security Administration
5. Five (5) copies of any other documents to be served
The original Summons and one copy of the service order is for the U.S. Marshal Service. The original Summons will be filed with the court following the service of a copy of the Summons and Complaint on the defendant(s). One set of documents (Summons, Complaint, Service Order and any additional documents) will be served on the U.S. Attorney, one set will be served on the Commissioner of Social Security, two sets will be served on the U.S. Attorney General, and one set will be retained by the U.S. Marshal Service. Please include an additional set of documents and a USM-285 form for any additional Federal employee or agency who is named as a defendant in your action.
NOTICE OF SUBMISSION OF DOCUMENTS IN SOCIAL SECURITY APPEAL
Plaintiff hereby submits the following documents in compliance with the court's order filed __________________.
[] 1 completed USM-285 form
[] 5 copies of the complaint
[] 1 original Summons and 5 copies of the Summons
[] 5 copies of the order directing service by the U.S. Marshal
[] 5 copies of other documents to be served:
____________________________________________
DATED:_________________________________________
Signature of Plaintiff
TO BE COMPLETED BY THE CLERK:
Documents forwarded to U.S. Marshal on: _______________
_________ (Date) ________________ (Initials)
INSTRUCTIONS FOR SERVICE OF PROCESS BY U.S. MARSHAL
Please type or print legibly, insuring readability of all copies. DO NOT DETACH ANY COPIES. Submit one complete set of this form (USM-285) and one copy of each writ for each individual, company, corporation, etc., to be served or property to be seized or condemned. The applicable fees for such service(s) (T28, USC Sec. 1921 establishes the fees for service of process by the U.S. Marshal) may be required prior to said service.
For service of any process upon an officer or agent of the United States Government, submit a copy of the writ and a set of Form USM-285 for each officer or agent upon whom service is desired. Submit three (3) additional copies of the writs for service upon the Government of the United States. The U.S. Marshal will serve one (1) upon the U.S. Attorney and will forward two (2) to the Attorney General of the United States. (When the applicable box is checked, completion of the final signature block by the U.S. Marshal or his Deputy always certifies service on the U.S. Attorney and the Attorney General, regardless of whether other defendants on the writ were served.) Failure to provide any of the copies will delay service of the writ.
Complete all entries above the double line. Mark all applicable check boxes and use the "Special Instructions" to advise of any information that will assist the U.S. Marshal in expediting service.
If more than one writ and USM-285 is submitted on a single case, the U.S. Marshal will receipt for all of them on the first USM-285. You will receive for your records the last (No. 5) "Acknowledgment of Receipt" copy for all the USM-285 forms you submit. When the writ is served, you will receive the No. 3 Notice of Service copy. This copy will be identical to the return to the Clerk of the Court.
Upon completion of all services (if the Marshals fees were not requested or tendered in advance or if additional fees are indicated), you will receive a "Billing Statement" (copy 4 of USM-285) from the United States Marshal. (NOTE: Copy 4 should be returned, by you, to the U.S. Marshal, together with your payment of the amount owed.
Additional supplies of the USM-285 may be obtained from the Clerk of the U.S. District Court or U.S. Marshal, without cost.
