(SS) Mortera vs Commissioner of Social Security

Filing 5

ORDER GRANTING 4 Motion to Proceed IFP; ORDER DIRECTING Clerk of Court to Issue Summons and Serve Defendant under E-Service Program, signed by Magistrate Judge Stanley A. Boone on 05/6/2022. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DIEGO J. MORTERA, 12 Plaintiff, 13 14 15 Case No. 1:22-cv-00521-SAB ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING CLERK OF COURT TO ISSUE SUMMONS AND SERVE DEFENDANT UNDER E-SERVICE PROGRAM v. COMMISSIONER OF SOCIAL SECURITY, Defendant. (ECF No. 4) 16 17 18 Plaintiff Diego J. Mortera (“Plaintiff”) filed a complaint on May 2, 2022, challenging a 19 final decision of the Commissioner of Social Security denying an application for disability 20 benefits. (ECF No. 1.) Plaintiff did not pay the filing fee in this action and instead filed an 21 application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.) On May 4, 22 2022, the Court denied Plaintiff’s application without prejudice and directed Plaintiff to file a 23 long form application to proceed in forma pauperis. (ECF No. 3.) On May 5, 2022, Plaintiff 24 filed a long form application. (ECF No. 4.) The Court finds Plaintiff’s application demonstrates 25 entitlement to proceed without prepayment of fees. 26 Therefore, the Court shall order that the complaint in this action be served, pursuant to 27 paragraph 1 of the scheduling order to be issued in this action, which provides that service of the 28 Defendant shall proceed under the Court’s E-service program. 1 1 Accordingly, IT IS HEREBY ORDERED THAT: 2 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 4) is GRANTED; 3 2. The Clerk of the Court is DIRECTED to issue a summons and new case documents; and 4 3. 5 The Clerk of the Court is DIRECTED to deliver to the Commissioner of Social 6 Security Administration and the United States Attorney’s Office at their 7 designated email addresses, a notice of electronic filing of this action along with 8 the summons and complaint. 9 10 IT IS SO ORDERED. 11 Dated: May 6, 2022 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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