Benson v. Commissioner of Social Security

Filing 3

ORDER GRANTING 2 Application to Proceed Without Prepayment of Fees or Costs signed by Magistrate Judge Gary S. Austin on 8/18/2011. (Bradley, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD A. BENSON,

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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendants.
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_____________________________________ )

1:11-cv-1321 GSA
ORDER GRANTING APPLICATION TO
PROCEED WITHOUT PREPAYMENT
OF FEES OR COSTS
(Document 2)

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Plaintiff is proceeding pro se and has requested leave to proceed in forma pauperis

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pursuant to Title 28 of the United States Code section 1915(a). Plaintiff has made the showing

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required by section 1915(a), and accordingly, the request to proceed in forma pauperis will be

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granted. 28 U.S.C. § 1915(a).

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Plaintiff is advised that the Court is required to screen complaints of pro se litigants

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pursuant to Title 28 of the United States Code section 1915A(a). The Court must dismiss a

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complaint or portion thereof if the litigant has raised claims that are legally "frivolous or

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malicious," that fail to state a claim upon which relief may be granted, or that seek monetary

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relief from a defendant(s) who is immune from such relief. 28 U.S.C. § 1915A(b)(1)&(2). As a

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result, summonses will not issue at this time. The Court will direct the United States Marshal to

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serve Plaintiff’s complaint only after the Court has screened the complaint and determined that it

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contains cognizable claims for relief against the named defendants. The Court has a large

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number of such cases pending before it and will screen Plaintiff’s complaint in due course.

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IT IS SO ORDERED.
Dated:
cf0di0

August 18, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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