Kucherka v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 2/6/24; 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. The Clerk is directed to serve the undersigned's scheduling order in social security cases. [Served by Clerk on Commissioner via E-Service Agreement] (Kastilahn, A)

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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 JOSHUA KUCHERKA, 12 Plaintiff, 13 No. 2:24-cv-00385 AC ORDER GRANTING IFP AND DIRECTING E-SERVICE v. 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 Pending before the court is plaintiff’s motion for leave to proceed in forma pauperis. See 17 18 28 U.S.C. § 1915 (authorizing the commencement of an action “without prepayment of fees or 19 security” by a person that is unable to pay such fees).1 ECF No. 2. Plaintiff submitted the 20 required affidavit, which demonstrates an inability to prepay fees and costs or give security for 21 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 e-service procedure for Social Security cases,2 service on the defendant Commissioner of Social Security Administration shall proceed 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 1 under the court’s E-Service program as follows. Once a summons is issued, the 2 Clerk of Court shall deliver to the Commissioner of Social Security 3 Administration and the United States Attorney’s Office at their designated email 4 addresses a notice of electronic filing of the action along with the summons and 5 complaint. The Commissioner has agreed not to raise a defense of insufficient 6 service of process if provided with notice of a complaint as detailed in this order. 7 This order is not intended to prevent parties from making any other motions that 8 are appropriate under the Federal Rules of Civil Procedure; and 9 10 11 4. The Clerk of Court is DIRECTED to issue a scheduling order in this case. IT IS SO ORDERED. DATED: February 6, 2024 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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