(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DIEGO J. MORTERA,

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Plaintiff,

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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)
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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.
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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.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1.

Plaintiff’s application to proceed in forma pauperis (ECF No. 4) is GRANTED;

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2.

The Clerk of the Court is DIRECTED to issue a summons and new case
documents; and

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3.

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The Clerk of the Court is DIRECTED to deliver to the Commissioner of Social

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Security Administration and the United States Attorney’s Office at their

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designated email addresses, a notice of electronic filing of this action along with

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the summons and complaint.

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IT IS SO ORDERED.

11 Dated:

May 6, 2022
UNITED STATES MAGISTRATE JUDGE

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