(SS) Pennington v. Commissioner of Social Security
Filing
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ORDER GRANTING #4 Application to Proceed In Forma Pauperis and Directing Clerk of Court to Issue Summons and Serve Defendant Under E-Service Program, signed by Magistrate Judge Stanley A. Boone on 1/17/2023. (Marrujo, C)
Case 1:23-cv-00025-SAB Document 5 Filed 01/17/23 Page 1 of 2
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BRIAN J. PENNINGTON,
Plaintiff,
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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS AND
DIRECTING CLERK OF COURT TO ISSUE
SUMMONS AND SERVE DEFENDANT
UNDER E-SERVICE PROGRAM
v.
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Case No. 1:23-cv-00025-SAB
COMMISSIONER OF SOCIAL SECURITY,
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Defendant.
(ECF No. 4)
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Plaintiff Brian J. Pennington (“Plaintiff”) filed a complaint on January 4, 2023,
19 challenging a final decision of the Commissioner of Social Security denying an application for
20 disability benefits. (ECF No. 1.) Plaintiff did not pay the filing fee in this action and instead
21 filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.)
22 The Court directed Plaintiff to file a long form application to proceed in forma pauperis, which
23 Plaintiff filed on January 16, 2023. (ECF Nos. 3, 4.) The Court finds Plaintiff’s application
24 demonstrates 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
26 paragraph 1 of the scheduling order to be issued in this action, which provides that service of the
27 Defendant shall proceed under the Court’s E-service program.
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Case 1:23-cv-00025-SAB Document 5 Filed 01/17/23 Page 2 of 2
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Accordingly, IT IS HEREBY ORDERED THAT:
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Plaintiff’s application to proceed in forma pauperis (ECF No. 4) is GRANTED;
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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:
January 17, 2023
UNITED STATES MAGISTRATE JUDGE
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