R.P. v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 7/12/2015 GRANTING plaintiff's 2 Motion to Proceed In Forma Pauperis and 3 Motion to Appoint Guardian Ad Litem ad Litem. Tracie Perez is ADDED as Guardian Ad Litem for R.P.. Clerk directed t o serve Judge Claire's Scheduling Order and to serve copy of Order to U.S. Marshal. Within 14 days from date of Order, plaintiff shall submit to United States Marshal a completed Summons and copies of 1 Complaint and file a Statement with Court that said documents have been submitted. [cc: U.S. Marshal Services] (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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R.P. BY AND THROUGH HER
GUARDIAN AD LITEM TRACIE
PEREZ,

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Plaintiff,

No. 2:15-cv-1366 AC

ORDER

v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis.

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

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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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Plaintiff has also petitioned for the appointment of her mother, Tracie Perez, to be her

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guardian ad litem. ECF No. 3. Plaintiff is alleged to have been born in 1999, and therefore is

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under eighteen years of age, a minor under California law. See ECF No. 3 ¶ 1; Cal. Fam. Code §

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6500 (“A minor is an individual who is under 18 years of age”). Perez is alleged to have custody

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of R.P., to be willing and fully competent to serve as R.P.’s guardian ad litem, and to have no

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conflict of interest with R.P. See ECF No. 3 ¶¶ 2 & 5.

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The court will therefore appoint Tracie Perez as R.P.’s guardian ad litem, to protect her
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interests in this lawsuit, pursuant to Fed. R. Civ. P. 17(c)(2). See Davis v. Walker, 745 F.3d

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1303, 1310 (9th Cir. 2014) (the purpose of Rule 17(c) is to protect the minor or incompetent

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person's interests in prosecuting or defending a lawsuit); Fed. R. Civ. P. 17(b)(1) (capacity to sue

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is determined by the law of plaintiff’s domicile); Cal. Fam. Code § 6601 (minor can only sue by

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guardian ad litem).

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff's request to proceed in forma pauperis (ECF No. 2), is GRANTED.

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2. Plaintiff’s petition for appointment of Tracie Perez to be her guardian ad litem (ECF

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No. 3), is GRANTED.
3. The Clerk of the Court is directed to serve the undersigned’s scheduling order 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.

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5. Within fourteen days from the date of this order, plaintiff shall submit to the United

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

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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 of costs

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

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

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

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certified mail to the Attorney General of the United States at Washington, D.C. See Fed. R. Civ.

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

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registered or certified mail to the Commissioner of Social Security, c/o Office of General

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Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco, CA 94105-1545. See Fed. R.

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

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DATED: July 12, 2015

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