(PS)(SS)McCoy v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 05/18/2023 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, new case documents and complaint on the Commissioner of Social Security. [Served by Clerk on Commissioner via E-Service Agreement] (Rodriguez, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEILA MARIE MCCOY, 12 13 14 15 Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, ORDER GRANTING IFP AND DIRECTING E-SERVICE (ECF No. 2.) Defendant. 16 17 No. 2:23–cv–881–KJN This case was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1); Fed. R. Civ. 18 P. 72, and E.D. Cal. L.R. 302(c)(15) and Appx. A subsection (j). Plaintiff requests leave to 19 proceed without prepayment of the filing fee under 28 U.S.C. § 1915. (ECF No. 2.) Plaintiff’s 20 affidavit demonstrates an inability to prepay fees and costs or give security for them, and so is 21 GRANTED. 22 At the outset, the court notes that plaintiff’s complaint does not explicitly reference either 23 Title II or XVI of the Social Security Act. (ECF No. 1.) However, plaintiff proceeds without the 24 assistance of counsel in this action, and so the court construes the allegations broadly. Hebbe v. 25 Pliler, 627 F.3d 338, 342 & n.7 (9th Cir. 2010) (liberal construction appropriate even post–Iqbal). 26 From what the court can glean, it appears plaintiff’s allegations concern actions taken by the 27 Commissioner in connection with an application for disability, and so the court will—at this 28 time—proceed as if this was a petition for review of a final judgment on a petition for disability 1 1 benefits. This order does not preclude the Commissioner from filing a Rule 12 motion if 2 appropriate, and the court reserves judgment on any such motion until after the record is more 3 fully developed. 4 Accordingly, the Clerk of Court is directed to issue (i) a summons for this case pursuant to 5 Rule 3 of the Supplemental Rules for Social Security actions, (ii) the undersigned’s scheduling 6 order for Social Security cases, and (iii) the court’s order regarding consent to the jurisdiction of a 7 magistrate judge. 8 Dated: May 18, 2023 9 10 11 12 mcco.881 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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