(SS) Vick v. Commissioner of Social Security

Filing 5

ORDER GRANTING #4 Application to Proceed In Forma Pauperis and Directing Clerk of Court to Issue Summons, signed by Magistrate Judge Stanley A. Boone on 4/23/2021. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHELLY LYNNETTE VICK,
Plaintiff,

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Case No. 1:21-cv-00491-SAB
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS AND
DIRECTING CLERK OF COURT TO ISSUE
SUMMONS

v.
COMMISSIONER OF SOCIAL SECURITY,

(ECF No. 4)
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Defendant.

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Shelly Lynnette Vick (“Plaintiff”) filed a complaint on March 24, 2021, challenging a

18 final decision of the Commissioner of Social Security denying his application for disability
19 benefits. Plaintiff did not pay the filing fee in this action and instead filed an application to
20 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.) The Court found that
21 Plaintiff’s application did not demonstrate that she was entitled to proceed in this action without
22 the prepayment of fees and Plaintiff was ordered to file a long form application. (ECF No. 3.)
23 On April 12, 2021, Plaintiff filed a long form application to proceed in forma pauperis. (ECF
24 No. 4.) Plaintiff’s application demonstrates entitlement to proceed without prepayment of fees.
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On April 14, 2020, General Order Number 615 issued staying all Social Security actions

26 filed after February 1, 2020 until the Commissioner may begin normal operations at the Office of
27 Appellate Hearings Operations and may resume preparation of a certified copy of the
28 administrative record. The Court shall order that the complaint in this action be served and the

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1 matter will be stayed once service has been effected on the defendant. Plaintiff is hereby
2 directed to paragraph 1 of the scheduling order to be issued in this action, which directs that the
3 summons and complaint shall be served within 20 days of the filing of the complaint. Plaintiff
4 shall promptly file proof of service with the Court upon completion of service.
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Accordingly, IT IS HEREBY ORDERED THAT:

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1.

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

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2.

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

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3.

The United States Marshal is DIRECTED to serve a copy of the complaint,
summons, and this order upon the defendant if requested by the plaintiff.

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IT IS SO ORDERED.

12 Dated:

April 23, 2021
UNITED STATES MAGISTRATE JUDGE

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