Schlyter v. Commissioner of Social Security

Filing 8

ORDER DISCHARGING February 3, 2017, 6 Order to Show Cause and GRANTING Plaintiff's 7 Motion to Proceed IFP signed by Magistrate Judge Sheila K. Oberto on 2/17/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:16-cv-01710-SKO

LINDA LEE SCHLYTER,
Plaintiff,

ORDER DISCHARGING FEBRUARY 3,
2017, ORDER TO SHOW CAUSE AND
GRANTING PLAINTIFF’S
APPLICATION TO PROCEED IN
FORMA PAUPERIS

v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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(Docs. 6, 7)

ORDER

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On February 3, 2017, the Court entered an Order to Show Cause requiring Plaintiff Linda

16 Lee Schlyter, by February 10, 2017, to file an amended application to proceed in forma pauperis,
17 to pay filing fee, or to otherwise show cause why the case should not be dismissed. (Doc. 6.) On
18 February 17, 2017, Plaintiff filed an Application to Proceed in District Court Without Prepaying
19 Fees or Costs. (Doc. 7.) Plaintiff’s application is, therefore, untimely.
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Although the Court may extend time to file a response after the deadline has expired

21 because of “excusable neglect,” Fed. R. Civ. P. 6(b)(1)(B), no such excusable neglect has been
22 articulated – much less shown – here. Notwithstanding this deficiency, in view of the liberal
23 construction of Fed. R. Civ. 6(b)(1) to effectuate the general purpose of seeing that cases are tried
24 on the merits, see Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258-59 (9th Cir. 2010), the
25 Court hereby DISCHARGES its February 3, 2017, Order to Show Cause. (Doc. 6.)
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Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs (Doc.

27 7) demonstrates entitlement to proceed without prepayment of fees.
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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s application to proceed in forma pauperis is GRANTED;

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The Clerk of Court is DIRECTED to issue a summons; and

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The United States Marshal is DIRECTED to serve a copy of the complaint,

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summons, and this order upon the defendant as directed by the plaintiff.

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IT IS SO ORDERED.

8 Dated:
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February 17, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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