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Akroush v. Saul

United States District Court, E.D. California

September 24, 2019

RAOUFA AKROUSH, Plaintiff,
v.
ANDREW M. SAUL, Commissioner of Social Security, [1] Defendant.

          ORDER DISCHARGING ORDER TO SHOW CAUSE ISSUED AUGUST 21, 2019 (DOC. NO. 9) ORDER DIRECTING PLAINTIFF TO RETURN SERVICE DOCUMENTS TO CLERK'S OFFICE

          BARBARA A. McAULIFFE, UNITED STATES MAGISTRATE JUDGE

         Plaintiff Raoufa Akroush ("Plaintiff), proceeding pro se and in forma pauperis, filed this action on March 25, 2019, seeking review of a decision of the Commissioner of Social Security (the "Commissioner") assessing an overpayment of benefits against Plaintiff. (Doc. No. 1.)

         Background

         On April 3, 2019, the Court issued an order granting Plaintiffs application to proceed in forma pauperis and directing the Clerk of Court to issue summons. (Doc. No. 3.) The United States Marshal was further directed to serve a copy of the complaint, summons, and the Court's order upon the defendant as directed by Plaintiff. (Id.) On April 3, 2019, the Clerk of Court issued summons as to the Commissioner. (Doc. No. 4.) The same day, the Clerk of Court issued New Social Security Case Documents, including Social Security USM-285 forms. (Doc. No. 5.) As stated in the Instructions for Service of Social Security Appeals document, Plaintiff is required to provide the Clerk's Office with a completed USM-285 form along with other service documents. (Doc. No. 5-3.) However, Plaintiff did not return the necessary service documents.

         Accordingly, on July 8, 2019, the Court issued an order directing Plaintiff to complete and return the necessary service documents within thirty (30) days. (Doc. No. 8.) Plaintiff was warned that failure to comply would result in dismissal of this action for failure to prosecute and failure to comply with the Court's orders. (Id.) See Local Rule 110. More than thirty (30) days elapsed and a review of the docket revealed that Plaintiff had not returned the necessary service documents to the Clerk's Office. As a result, on August 21, 2019, the Court issued an order to show cause why this action should not be dismissed for failure to obey a court order and failure to prosecute this action. (Doc. No. 9.) Plaintiff was required to file either a written response to the order to show cause or return a completed USM-285 form along with the other service documents identified in the Instructions for Service of Social Security Appeals document to the Clerk's Office. (Id.)

         On August 24, 2019, Plaintiff sent an e-mail to the chambers of Magistrate Judge Jennifer L. Thurston stating "I did all that was requested of me" and "called [the Court] and asked numerous times, if there was anything else that I had to do from my end and was told numerous times on different occasions, that there was nothing else for me to do but wait because the Marshall [sic] will serve all papers[.]" On August 26, 2019, Plaintiff sent a second e-mail to the chambers of Magistrate Judge Thurston attaching a signed but incomplete copy of a USM-285 form and a signed copy of the Order re Consent or Request for Reassignment.[2] On September 3, 2019, Plaintiff filed a written response to the order to show cause which reiterated the substance of her August 24, 2019 e-mail to Magistrate Judge Thurston and included a copy of a signed but incomplete USM-285 form, completed Order re Consent or Request for Reassignment, copies of various orders previously issued by the Court, and several documents entitled "Request for Review" which appear to address the merits of the case.[3] (Doc. No. 10.)

         What Plaintiff Must Do

         As an initial matter, this case has been assigned to the undersigned and not to Magistrate Judge Thurston. Plaintiff should refrain from contacting Magistrate Judge Thurston regarding her case. Further, Plaintiff is a pro se party and has not been granted permission to use electronic filing, therefore all responses to the Court's orders or other filings must be made in writing and filed conventionally. See Local Rule 183. Electronic responses, including by e-mail, are not permitted.

         Moreover, Plaintiff must comply with this Court's orders and return completed and signed USM-285 forms. Although Plaintiff contends that she was previously told "numerous times" that there was nothing else for her to do, the Court has issued several orders directing her to return a completed USM-285 form along with the other service documents identified in the Instructions for Service of Social Security Appeals. (See Doc. Nos. 5-3, 8, 9.) These orders were served on Plaintiff and several copies were included in her response to the Court's order to show cause issued August 21, 2019. (See Doc. No. 10.) Notably, Plaintiff still has not complied with the Court's orders as the USM-285 form she submitted is incomplete and she has not returned the any of the other service documents identified in the Instructions for Service of Social Security Appeals. (See Doc. Nos. 5-3, Doc. No. 10.) Nonetheless, in light of Plaintiffs pro se status, the Court will discharge the order to show cause and allow Plaintiff a final opportunity to comply with the Court's orders and return the necessary service documents.

         Accordingly, the Court HEREBY ORDERS that:

         1. The order to show cause issued on August 21, 2019 (Doc. No. 9), is discharged;

         2. The Clerk of the Court shall send to Plaintiff one (1) USM-285 form and Instructions for Service of Process by U.S. Marshal, one (1) summons, a Notice of Submission of Documents form, a copy of the Instructions for Service of Social Security Appeals, a copy of the Order Granting Application to Proceed In Forma Pauperis and Directing Clerk of Court to Issue Summons (Doc. No. 3.), and a copy of the complaint filed on March 25, 2019 (Doc. No. 1);

         3. Within thirty (30) days from the date of service of this order, Plaintiff shall complete and submit the Notice of Submission of ...


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