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Willard v. Astrue

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 9, 2009

DONNA J. WILLARD, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

ORDER ADOPTING IN PART REPORT AND RECOMMENDATION RE: APPLICATION TO PROCEED IN FORMA PAUPERIS

By order issued December 4, 2009, the Court referred this matter to Magistrate Judge William McCurine for report and recommendation. On December 8, Judge McCurine issued a report and recommendation (the "R&R") recommending that Plaintiff's application to proceed in forma pauperis (the "IFP Application") be granted. The parties were given until December 22, 2009 to file any objections they might have to the R&R.

Because the R&R favors Plaintiff, she has no reason to object, and Defendant has not yet been served and so has no opportunity to object. The Court therefore REJECTS that portion of the R&R that provides for an objection period and ADOPTS the remainder as its ruling.

As set forth in the R&R, Plaintiff's IFP Application is GRANTED. The United States Marshals shall serve a copy of the complaint and summons upon Defendants as directed by Plaintiff on U.S. Marshal Form 285, with all costs of service to be advanced by the United States. Defendant shall reply to the complaint within the applicable provisions of Fed. R. Civ. P. 12(a) and 42 U.S.C. § 1997e(g).

Plaintiff shall serve on Defendant or, if appearance has been entered by counsel, on Defendant's counsel, a copy of every further pleading or other document submitted for consideration of the Court. Plaintiff shall include with the original paper to be filed with the Clerk of the Court a certificate stating the manner in which a true and correct copy of any document was served on the defendants or counsel of defendants and the date of service. Any paper received by a district judge or magistrate judge which has not been filed with the Clerk or which fails to include a Certificate of Service will be disregarded.

IT IS SO ORDERED.

20091209

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