(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEILA MARIE MCCOY,

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Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,

ORDER GRANTING IFP AND
DIRECTING E-SERVICE
(ECF No. 2.)

Defendant.

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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.

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P. 72, and E.D. Cal. L.R. 302(c)(15) and Appx. A subsection (j). Plaintiff requests leave to

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proceed without prepayment of the filing fee under 28 U.S.C. § 1915. (ECF No. 2.) Plaintiff’s

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affidavit demonstrates an inability to prepay fees and costs or give security for them, and so is

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GRANTED.

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At the outset, the court notes that plaintiff’s complaint does not explicitly reference either

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Title II or XVI of the Social Security Act. (ECF No. 1.) However, plaintiff proceeds without the

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assistance of counsel in this action, and so the court construes the allegations broadly. Hebbe v.

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Pliler, 627 F.3d 338, 342 & n.7 (9th Cir. 2010) (liberal construction appropriate even post–Iqbal).

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From what the court can glean, it appears plaintiff’s allegations concern actions taken by the

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Commissioner in connection with an application for disability, and so the court will—at this

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time—proceed as if this was a petition for review of a final judgment on a petition for disability
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benefits. This order does not preclude the Commissioner from filing a Rule 12 motion if

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appropriate, and the court reserves judgment on any such motion until after the record is more

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fully developed.

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Accordingly, the Clerk of Court is directed to issue (i) a summons for this case pursuant to

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Rule 3 of the Supplemental Rules for Social Security actions, (ii) the undersigned’s scheduling

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order for Social Security cases, and (iii) the court’s order regarding consent to the jurisdiction of a

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magistrate judge.

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Dated: May 18, 2023

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mcco.881

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