(SS) Ortiz v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Dennis M. Cota on 9/8/21 GRANTING #2 Motion to Proceed IFP and DIRECTING E-Service on the Commissioner of Social Security. The Clerk shall issue a summons and serve this order, summons and complaint on the Commissioner of Social Security. After e-service of the complaint, this action will be STAYED pursuant to General Order 615, and there will be no scheduling order issued. (cc: Commissioner of Social Security). (Kaminski, H)

Case 2:21-cv-01563-DMC Document 3 Filed 09/08/21 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS ORTIZ,

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Plaintiff,

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No. 2:21-CV-1563-DMC

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Plaintiff, who is proceeding with retained counsel, brings this action for judicial

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review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).

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Pending before the Court is plaintiff’s motion for leave to proceed in forma pauperis, ECF No. 2.

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

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unable to prepay fees and costs or give security therefor. The request to proceed in forma

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

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Accordingly, 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.

The Clerk of the Court is directed to issue a summons for this case;

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///

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Case 2:21-cv-01563-DMC Document 3 Filed 09/08/21 Page 2 of 2
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3.

Service on Defendant shall proceed under the Court’s E-Service program

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as follows: once a summons is issued, the Clerk of the Court shall deliver to the Commissioner of

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Social Security and the United States Attorney’s Office at their designated email addresses a

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notice of electronic filing of the action along with the summons and complaint; the Commissioner

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has agreed not to raise a defense of insufficient service of process if provided with notice of a

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complaint as detailed in this order; this order is not intended to prevent parties from making any

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other motions that are appropriate under the Federal Rules of Civil Procedure; and

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4.

The parties are hereby noticed that, after e-service of the complaint, this

action will be stayed pursuant to Eastern District of California General Order No. 615 and no
scheduling deadlines will be issued or in effect pending further order of the Court.

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Dated: September 8, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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