(SS) Marks v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 11/17/2022 GRANTING #2 Motion to Proceed IFP. The Clerk of Court is directed to issue a summons for this case. In keeping with the court's e-service procedure for Social Security cases, service on the defendant CSS Administration shall proceed under the court's E-Service program. The Clerk of Court is DIRECTED to issue a scheduling order in this case. [Served by Clerk on Commissioner via E-Service Agreement] (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL MARKS,

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Plaintiff,

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No. 2:22–cv–02063–AC
ORDER GRANTING IFP AND
DIRECTING E-SERVICE

v.

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COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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Pending before the court is plaintiff’s motion for leave to proceed in forma pauperis. See

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28 U.S.C. § 1915 (authorizing the commencement of an action “without prepayment of fees or

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security” by a person that is unable to pay such fees).1 ECF No. 2. Plaintiff submitted the

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required affidavit, which demonstrates an inability to prepay fees and costs or give security for

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them. 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 Court is directed to issue a summons for this case;

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3.

In keeping with the court’s e-service procedure for Social Security cases,2 service
on the defendant Commissioner of Social Security Administration shall proceed

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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).
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http://www.caed.uscourts.gov/caednew/index.cfm/news/new-social-security-case-procedureseffective-after-june-15-2021/
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under the court’s E-Service program as follows. Once a summons is issued, the

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Clerk of Court shall deliver to the Commissioner of Social Security

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Administration and the United States Attorney’s Office at their designated email

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addresses a notice of electronic filing of the action along with the summons and

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complaint. The Commissioner has agreed not to raise a defense of insufficient

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service of process if provided with notice of a complaint as detailed in this order.

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This order is not intended to prevent parties from making any other motions that

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are appropriate under the Federal Rules of Civil Procedure; and

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4.

The Clerk of Court is DIRECTED to issue a scheduling order in this case.

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IT IS SO ORDERED.

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DATED: November 17, 2022

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