(SS) Russell v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/08/21 GRANTING #2 Motion to Proceed IFP and DIRECTING E-Service on the Commissioner of Social Security; Clerk to issue summons and serve this order, summons and complaint on the Commissioner. 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: CSS) (Benson, A.)

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Case 2:21-cv-01595-CKD Document 3 Filed 09/09/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SUSAN CHRISTINE RUSSELL, 12 Plaintiff, 13 v. 14 No. 2:21-cv-01595 CKD (SS) ORDER GRANTING IFP AND DIRECTING E-SERVICE KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant. 16 Presently pending before the court is plaintiff’s motion for leave to proceed in forma 17 18 pauperis. See 28 U.S.C. § 1915 (authorizing the commencement of an action “without 19 prepayment of fees or security” by a person that is unable to pay such fees). 1 (ECF No. 2.) 20 Plaintiff submitted the required affidavit, which demonstrates an inability to prepay fees and costs 21 or give security for them. Accordingly, IT IS HEREBY ORDERED that: 22 1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is GRANTED; 23 2. The Clerk of Court is directed to issue a summons for this case; 24 3. In keeping with the court’s new e-service procedure for Social Security cases, 2 25 26 27 28 1 Actions involving review of Social Security decisions are referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1) and E.D. Cal. L.R. 302(c)(15). 2 http://www.caed.uscourts.gov/caednew/index.cfm/news/new-social-security-case-procedureseffective-after-june-15-2021/ 1 Case 2:21-cv-01595-CKD Document 3 Filed 09/09/21 Page 2 of 2 1 service on the defendant Commissioner of Social Security Administration shall 2 proceed under the court’s E-Service program as follows. Once a summons is 3 issued, the Clerk of Court shall deliver to the Commissioner of Social Security 4 Administration and the United States Attorney’s Office at their designated email 5 addresses a notice of electronic filing of the action along with the summons and 6 complaint. The Commissioner has agreed not to raise a defense of insufficient 7 service of process if provided with notice of a complaint as detailed in this order. 8 This order is not intended to prevent parties from making any other motions that 9 are appropriate under the Federal Rules of Civil Procedure; and 10 4. The parties are hereby notified that, after e-service of the complaint, this action 11 will be STAYED pursuant to General Order Number 615, and there will be no 12 scheduling order or deadlines in effect pending further order of the court. See E.D. 13 Cal. G.O. No. 615, Paragraphs 6, 10. 14 Dated: September 8, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 2/russell1595.ss.ifp.e-service 21 22 23 24 25 26 27 28 2

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