Free Order - District Court of California - California

Case 3:08-cv-01394-JM-RBB

Document 5

Filed 08/14/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) Plaintiff, ) v. ) ) MICHAEL J. ASTRUE, Commissioner ) ) of Social Security, ) Defendant. ) ) KARL T. LIMPIN, Civil No. 08cv1394-JM(RBB) ORDER DIRECTING MARSHAL TO EFFECT SERVICE OF PROCESS UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

On July 31, 2008, Plaintiff Karl T. Limpin filed a Complaint [doc. no. 1] asserting that Defendant improperly calculated Plaintiff's Supplemental Security Income and Title II disability insurance benefits. Limpin was granted leave to proceed in forma

pauperis on August 5, 2008 [doc. no. 4]. Because Plaintiff is proceeding in forma pauperis, he is entitled to have the summons and Complaint in his case served by the United States Marshal. Puett v. Blandford, 912 F.2d 270, 273

(9th Cir. 1990) (citing Romandette v. Weetabix Co., 807 F.2d 309, 310 n.1 (2d Cir. 1986)); see also Fed. R. Civ. P. 4(c)(2)(B)(i). The "officers of the court shall issue all service of process." U.S.C. § 1915(a)(1). 28

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Case 3:08-cv-01394-JM-RBB

Document 5

Filed 08/14/2008

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Therefore, IT IS HEREBY ORDERED that the United States Marshal shall serve a copy of the Complaint, summons, and Order Granting In Forma Pauperis Status upon Defendant as directed by Plaintiff on U.S. Marshal Form 285. See id. § 1915(d). All costs of service

shall be advanced by the United States. Plaintiff shall serve on Defendant or, if appearance has been entered by counsel, on Defendant's counsel, a copy of every further pleading or document submitted for consideration by the Court. Plaintiff shall include with the original paper to be filed with the Clerk of Court a certificate stating the manner in which a true and correct copy of any document was served on Defendant or counsel for Defendant and the date of service. IT IS SO ORDERED. DATED: August 13, 2008 ______________________________ Ruben B. Brooks United States Magistrate Judge

15 16 cc: 17 18 19 20 21 22 23 24 25 26 27 28 2 Judge Miller All Parties

08cv1394-JM (RBB)