Eva Garcia de Rios v. Commissioner of Social Security

Filing 3

ORDER GRANTING 2 Motion to Proceed IFP and DIRECTING Clerk to Issue New Case Documents signed by Magistrate Judge Gary S. Austin on 9/9/2021. Documents served on Commissioner and USAO as directed. (Sant Agata, S)

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Case 1:21-cv-01345-GSA Document 3 Filed 09/09/21 Page 1 of 2 1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 EVA GARCIA DE RIOS, 7 8 9 10 Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, 11 CASE NUMBER: 1:21-cv-01345-GSA ORDER GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND DIRECTING CLERK TO ISSUE NEW CASE DOCUMENTS Defendant. 12 (Doc. 2) 13 14 15 16 Plaintiff moves to proceed in forma pauperis under 28 U.S.C. § 1915. Doc. 2. Plaintiff’s declarations in the motion satisfy the requirements under § 1915 to proceed in forma pauperis. 17 Accordingly, it is ORDERED that: 18 1. Plaintiff’s application to proceed in forma pauperis (Doc. 2) is GRANTED. 19 2. The Clerk of Court is DIRECTED to issue the following documents: 1) 20 summons, 2) Order re Consent or Request for Reassignment, 3) notice and form of 21 consent/decline to proceed before a magistrate judge. 22 3. record and the General Order 615 stay is lifted. 23 24 4. 5. Plaintiff need not serve the Commissioner nor submit service documents to the U.S. Marshall. 27 28 Counsel shall complete the form of consent/decline to proceed before a magistrate judge within 90 days of the issuance thereof, notwithstanding the stay. 25 26 No scheduling order will issue until Defendant files the certified administrative 6. Service on the defendant shall proceed under the Court’s E-Service program as Case 1:21-cv-01345-GSA Document 3 Filed 09/09/21 Page 2 of 2 1 follows. Once the summons is issued, the Clerk of Court shall deliver to the 2 Commissioner of Social Security Administration and the United States Attorney’s 3 Office at their designated email addresses a notice of electronic filing of the action 4 along with the summons and complaint. The Commissioner has agreed not to raise 5 a defense of insufficient service of process if provided with notice of a complaint as 6 detailed in this order. This order is not intended to prevent parties from making any 7 other motions that are appropriate under the Federal Rules of Civil Procedure. 8 9 10 IT IS SO ORDERED. Dated: September 9, 2021 /s/ Gary S. Austin_______________ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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