E.M.M. v. Commissioner of Social Security

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 12/18/2012. The 3 Motion to Appoint Consuelo Mercadal as Ad Litem for plaintiff is GRANTED. Plaintiff's 4 Motion to Proceed In Forma Pauperis is GRANTED. Clerk directed to serve Magistrate J udge Claire's Scheduling Order and serve copy of Order on U.S. Marshal. Within 15 days from date of Order, plaintiff shall submit to U.S. Marshal a completed Summons, copies of Complaint, and file a Statement with Court that said documents have been submitted. [cc: U.S. Marshal Services] (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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E.M.M.,
Plaintiff,

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vs.

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CIV 2:12-cv-2907 AC (SS)

MICHAEL J. ASTRUE,
Commissioner of Social Security,

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Defendant.
__________________________________/

ORDER

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Plaintiff seeks judicial review of a final decision of the Commissioner of Social

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Security (“Commissioner”) denying her application for Supplemental Security Income (“SSI”)

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under Title XVI of the Social Security Act. Consuelo Mercadal, plaintiff E.M.M.’s mother,

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requests the court appoint her guardian ad litem to represent the interests of her minor child.

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Doc. No. 3. Plaintiff, through her mother, requests authority under 28 U.S.C. § 1915 to proceed

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in forma pauperis. Doc. No. 4.

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A.

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Motion to Appoint Guardian Ad Litem
Federal Rule of Civil Procedur17(c)(2) provides that “[a] minor who does not

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have a duly appointed representative may sue by next of friend or by guardian ad litem.”

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Further, a “court must appoint a guardian ad litem . . . to protect a minor . . . .” Id. The
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application reveals that it should be granted, and therefore the court appoints Consuelo Mercadal

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guardian ad litem for plaintiff E.M.M.

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B.

Motion to Proceed In Forma Pauperis

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Plaintiff requests permission to proceed in forma pauperis pursuant to 28 U.S.C. §

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1915. Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is unable

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to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma

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pauperis will be granted. 28 U.S.C. § 1915(a).

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C.

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Conclusion
In accordance with the above, IT IS HEREBY ORDERED that:
1. The motion to have Consuelo Mercadal appointed guardian ad litem for

plaintiff E.M.M, Doc. No. 3, is granted.

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2. Plaintiff's request to proceed in forma pauperis, Doc. No. 4, is granted.

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3. The Clerk of the Court is directed to serve the undersigned’s scheduling order

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in social security cases.
4. The Clerk of the Court is further directed to serve a copy of this order on the
United States Marshal.
5. Within fifteen days from the date of this order, plaintiff shall submit to the

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United States Marshal a completed summons and copies of the complaint and file a statement

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with the court that said documents have been submitted to the United States Marshal.

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6. The United States Marshal is directed to serve all process without prepayment

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of costs not later than sixty days from the date of this order. Service of process shall be

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completed by delivering a copy of the summons and complaint to the United States Attorney for

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the Eastern District of California, and by sending a copy of the summons and complaint by

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registered or certified mail to the Attorney General of the United States at Washington, D.C. See

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Fed. R. Civ. P. 4(i)(1)(A) & (B). The Marshal shall also send a copy of the summons and

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complaint by registered or certified mail to the Commissioner of Social Security, c/o Office of
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General Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545. See

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Fed. R. Civ. P. 4(i)(2).

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DATED: December 18, 2012.

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`
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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