(SS) Yelton v. Commissioner of Social Security

Filing 3

ORDER GRANTING 2 Motion to Proceed IFP and Staying Case Pursuant to General Order 615 signed by Magistrate Judge Erica P. Grosjean on 9/9/2021. (Jessen, A)

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Case 1:21-cv-01344-EPG Document 3 Filed 09/09/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 Case No.: 1:21-cv-01344-EPG 11 CHRISTINA CAROL YELTON, 12 Plaintiff, 13 14 15 16 v. COMMISSIONER OF SOCIAL SECURITY, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS, DIRECTING SERVICE, AND STAYING CASE PURSUANT TO GENERAL ORDER 615 (ECF No. 2) Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff seeks judicial review of an administrative decision of the Commissioner of Social Security denying the plaintiff’s claim for disability benefits under the Social Security Act. Pending before the Court is Plaintiff’s application to proceed in forma pauperis. (ECF No. 2.) Having reviewed the application, the Court finds that Plaintiff has made the requisite showing under 28 U.S.C. § 1915 in order to proceed in forma pauperis. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is GRANTED. 2. The Clerk of Court is directed to issue the following: 1) summons; 2) the Scheduling Order; 3) the Order re Consent or Request for Reassignment; and 4) a Consent to Assignment or Request for Reassignment form. 3. Service on the Commissioner of Social Security shall proceed under the Court’s E-Service program as follows: once a summons is issued, the Clerk of Court shall deliver to the Case 1:21-cv-01344-EPG Document 3 Filed 09/09/21 Page 2 of 2 1 Commissioner of Social Security Administration and the United States Attorney’s Office at 2 their designated email addresses a notice of electronic filing of the action along with the 3 summons and complaint. The Commissioner has agreed not to raise a defense of 4 insufficient service of process if provided with notice of a complaint as detailed in this 5 order. This order is not intended to prevent parties from making any other motions that are 6 appropriate under the Federal Rules of Civil Procedure. 7 4. The parties are hereby notified that, pursuant to General Order Number 615, this action has 8 been stayed pending filing of the administrative record. See E.D. Cal. G.O. No. 615 at 6, 9 10. 10 11 IT IS SO ORDERED. 12 Dated: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 September 9, 2021 /s/ UNITED STATES MAGISTRATE JUDGE

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