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Scott C. Cabibi v. U.S. Marshal

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 10, 2010

SCOTT C. CABIBI,
PLAINTIFF,
v.
U.S. MARSHAL
COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

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United States District Court For the Northern District of California

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ORDER REQUESTING TO SERVE COMPLAINT

Plaintiff filed his first complaint, seeking review of a determination of the Social Security Administration (SSA), on August 17, 2009. Compl. (Dkt. No. 1). On August 21, 2009, Judge 18 Ware (to whom this case was previously assigned) issued an order dismissing the complaint with 19 leave to amend. Specifically, Judge Ware held that because Plaintiff did not allege the date of the 20 SSA's decision, it was impossible to determine if the Plaintiff's complaint was timely. See August 21 21, 2009 Order (Dkt. No. 4); 42 U.S.C. § 405(g). The Order also states that "[u]pon filing of the 22 Amended Complaint, the Clerk shall issue the Summons. It is further ordered that the U.S. 23 Marshal for the Northern District of California serve, without prepayment of fees, a copy of the 24 Amended Complaint, scheduling orders, attachments, Plaintiff's affidavit and this order upon 25 Defendant." In the same Order, Judge Ware granted Plaintiff leave to proceed in forma pauperis. 26 On September 9, 2009, Plaintiff filed an amended complaint attaching a letter from the SSA 27 dated July 28, 2009. The letter states that Plaintiff's request for an extension of time to seek 28 judicial review to 35 days from July 28, 2009. Because Plaintiff's initial complaint was filed17 August 17, 2009, it appears his complaint was timely. However, no Summons has been issued and 2 it appears that Defendant has not been served with the required documents. 3

Accordingly, it is hereby ordered that the Clerk shall issue the Summons. Pursuant to Plantiff's in forma pauperis request having been granted, the U.S. Marshal shall serve, with 5 prepayment of fees a copy of the Amended Complaint (Dkt. No. 5), the Scheduling Order (Dkt. 6 No. 3), the August 21, 2009 Order (Dkt. No. 4), additional information submitted by Plaintiff (Dkt. 7 Nos. 6, 7), and this Order upon Defendants. 8

IT IS SO ORDERED. 9

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United States District Court For the Northern District of California

20101210

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