(SS) Pennington v. Commissioner of Social Security

Filing 5

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)

Download PDF
Case 1:23-cv-00025-SAB Document 5 Filed 01/17/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN J. PENNINGTON, Plaintiff, 12 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING CLERK OF COURT TO ISSUE SUMMONS AND SERVE DEFENDANT UNDER E-SERVICE PROGRAM v. 13 14 Case No. 1:23-cv-00025-SAB COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. (ECF No. 4) 16 17 18 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. 25 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. 28 /// 1 Case 1:23-cv-00025-SAB Document 5 Filed 01/17/23 Page 2 of 2 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: January 17, 2023 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?