(SS) 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)

Case 1:21-cv-01345-GSA Document 3 Filed 09/09/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EVA GARCIA DE RIOS,

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Plaintiff,
v.
KILOLO KIJAKAZI, Acting
Commissioner of Social Security,

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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.

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(Doc. 2)

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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.

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Accordingly, it is ORDERED that:

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1.

Plaintiff’s application to proceed in forma pauperis (Doc. 2) is GRANTED.

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2.

The Clerk of Court is DIRECTED to issue the following documents: 1)

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summons, 2) Order re Consent or Request for Reassignment, 3) notice and form of

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consent/decline to proceed before a magistrate judge.

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3.

record and the General Order 615 stay is lifted.

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4.

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Plaintiff need not serve the Commissioner nor submit service documents to the U.S.
Marshall.

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Counsel shall complete the form of consent/decline to proceed before a magistrate
judge within 90 days of the issuance thereof, notwithstanding the stay.

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No scheduling order will issue until Defendant files the certified administrative

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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
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follows. Once the summons is issued, the Clerk of Court shall deliver to the

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Commissioner of Social Security Administration and the United States Attorney’s

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Office at their designated email addresses a notice of electronic filing of the action

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along with the summons and complaint. The Commissioner has agreed not to raise

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a defense of insufficient service of process if provided with notice of a complaint as

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detailed in this order. This order is not intended to prevent parties from making any

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other motions that are appropriate under the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.
Dated:

September 9, 2021

/s/ Gary S. Austin_______________
UNITED STATES MAGISTRATE JUDGE

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