(SS)Sanchez v. Commissioner of Social Security

Filing 4

ORDER LIFTING STAY TO PERMIT APPROVAL OF MOTION TO PROCEED IN FORMA PAUPERIS AND FOR SERVICE UPON DEFENDANT. Order signed by Magistrate Judge Sheila K. Oberto on 9/11/2020. (Kusamura, W)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7

JUAN T. SANCHEZ,
Plaintiff,

8
9
10
11
12

v.

Case No. 1:20-cv-00533-SKO
ORDER LIFTING STAY TO PERMIT
APPROVAL OF MOTION TO
PROCEED IN FORMA PAUPERIS AND
FOR SERVICE UPON DEFENDANT

ANDREW M. SAUL,
Commissioner of Social Security,
Defendant.
_____________________________________/

13
14

On April 14, 2020, Plaintiff Juan T. Sanchez filed this action seeking judicial review of a

15 final decision of the Commissioner of Social Security (“Commissioner”) denying his applications
16 for disability benefits pursuant to the Social Security Act. (Doc. 1.) He also filed an application to
17 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2.)
18

On April 20, 2020, the Court entered an order staying proceedings in this matter pursuant to

19 General Order No. 615 (“G.O. No. 615”). (Doc. 3.) G.O. No. 615, issued April 14, 2020, stays all
20 Social Security actions filed after February 1, 2020, until the Commissioner may begin normal
21 operations at the Office of Appellate Hearings Operations and may resume preparation of a certified
22 copy of the administrative record. See E.D. Cal. G.O. No. 615.
23

Upon reconsideration of G.O. No. 615, the Court has determined that the General Order

24 contemplated: (1) Plaintiff’s payment of the filing fee or adjudication of an application to proceed
25 in forma pauperis; and (2) issuance of a summons and service of the complaint upon the
26 Commissioner, despite staying the proceedings in all other regards.
27

Accordingly, it is hereby ORDERED that the stay in this matter shall be lifted for the limited

28 purpose of: (1) adjudication of Plaintiff’s pending application to proceed in forma pauperis (Doc.

1 2); and (2) issuance of the summons by the Clerk of Court to permit service of the complaint on
2 Commissioner. In all other regards, the stay of proceedings in this case shall continue and will be
3 automatically lifted when the Commissioner files the certified copy of the administrative record.
4 See E.D. Cal. G.O. 615 ¶¶ 6, 10.
5
6

IT IS SO ORDERED.

7 Dated:
8

September 11, 2020

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.