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14-061 - (SS) (PS) Peden v. Commissioner of Social Security


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14-061 - (SS) (PS) Peden v. Commissioner of Social Security
January 14, 2014
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is directed to serve all process without prepayment of costs not later than sixty (60) days from the date of this order. (Zignago, K.)ORDER signed by Magistrate Judge Kendall J. Newman on 1/14/2014 ORDERING that Plaintiff's 2 Motion to Proceed IFP is GRANTED. Service of process is appropriate for the Commissioner of Social Security. The Clerk is directed to serve scheduling order. The Clerk is further directed to serve a copy of this order on the United States Marshal. Within fourteen (14) days from the date of this order, plaintiff shall submit to the United States Marshal an original and five copies of the completed summons, five copies of the complaint, five copies of the scheduling order, and a completed USM-285 form, and shall file a statement with the court that such documents have been submitted to the United States Marshal. The United States Marshal
June 18, 2014
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[Discharged per 8 Order] ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 6/18/14. IT IS HEREBY ORDERED that within 14 days of this order, plaintiff shall SHOW CAUSE in writing why this action should not be dismissed pursuant to FRCP 41(b) for failure to prosecute and failure to comply with the court's order. Alternatively, if plaintiff concludes that he does not wish to pursue the action at this juncture, he may instead file a notice of voluntary dismissal of the action without prejudice pursuant to FRCP 41(a)(1)(A)(i). Failure to file a response to the order to show cause or a notice of voluntary dismissal without prejudice by the required deadline will result in dismissal of the action pursuant to FRCP 41(b). (Meuleman, A) Modified on 7/7/2014 (Owen, K).
July 3, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/3/2014: Ordering that the court's 6/18/2014 Order to Show Cause 6 is discharged; plaintiff is granted an additional 28 days to both (a) submit to the US Marshal documents for service, and (b) file a brief statement with the court indicating that such documents have been submitted to the Marshal; plaintiff is also granted an additional 28 days to file a brief statement indicating whether or not he consents to the jurisdiction of a US Magistrate Judge; alternatively, if plaintiff no longer wishes to pursue his case in federal court, he may instead file a notice of voluntary dismissal within 28 days. Along with a copy of this order, the Clerk of Court shall serve on plaintiff additional copies of the court's order granting the motion to proceed in forma pauperis, the process documents, and the court's scheduling order previously issued on 1/14/2014. Failure to comply with this order may result in dismissal of the action pursuant to FRCP 41(b). (Owen, K)
August 12, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/12/14 ORDERING that No later than August 28, 2014, plaintiff shall BOTH (a) submit to the United States Marshal an original and five copies of the completed summons, five copies of the complaint, five copies of the scheduling order, and a completed USM-285 form AND (b) file a brief statement with the court indicating that such documents have been submitted to the United States Marshal. No later than August 28, 2014, plaintiff shall file a brief statement indicating whether or not he consents to the jurisdiction of a United States Magistrate Judge; Plaintiffs motion for summary judgment (ECF No. 9) is DENIED without prejudice as premature. Along with this order, the Clerk of Court shall serve on plaintiff copies of the following documents: the service and process documents previously issued on January 14, 2014 (ECF Nos. 3, 4, 5, 5-1, 5-2) and the courts prior July 3, 2014 order (ECF No. 8).(Dillon, M)
September 5, 2014
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ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 9/5/2014 ORDERING that plaintiff, no later than 9/19/2014, to: 1) pay the Clerk of Court $100 in sanctions for his failure to comply with court orders and failure to appear at a court-ordered hearing; 2) File a brief statement indicating whether he wishes to consent or decline magistrate judge jurisdiction; 3) SHOW CAUSE in writing, why this action should not be dismissed; and 4) alternatively file a notice of voluntary dismissal. Failure to comply with this order may result in dismissal of this action with prejudice.(Donati, J)
October 14, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/14/2014 ORDERING 15 Plaintiff's objections to the order imposing monetary sanctions are OVERRULED. The court's 9/5/2014 order is modified so as to permit plaintiff to pay the total amount of $100.00 in monetary sanctions imposed in installments of $20.00, with $20.00 to be paid to the Clerk of Court on each of the following dates: 11/3/2014; 12/3/2014; 1/5/2015; 2/5/2015; and 3/5/2015. Failure to timely make any of the individual installment payments will result in dismissal of the action pursuant to FRCP 41(b). (Reader, L)
November 5, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/5/14: The action is dismissed pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court shall vacate all dates and close this case. (Kaminski, H)