(SS) Marker v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Dennis M. Cota on 06/03/2024 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. [Served by Clerk on Commissioner via E-Service Agreement]. (Nair, C)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT PATRICK MARKER, 12 Plaintiff, 13 14 15 No. 2:24-CV-1510-DMC v. ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant. 16 17 Plaintiff, who is proceeding with retained counsel, brings this action for judicial 18 19 review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). 20 Pending before the Court is Plaintiff’s motion for leave to proceed in forma pauperis, ECF No. 2. 21 Plaintiff has submitted the affidavit required by § 1915(a) showing that Plaintiff is 22 unable to prepay fees and costs or give security therefor. The request to proceed in forma 23 pauperis will, therefore, be granted. See 28 U.S.C. § 1915(a). 24 Accordingly, IT IS HEREBY ORDERED as follows: 25 1. Plaintiff's request to proceed in forma pauperis, ECF No. 2, is granted. 26 2. The Clerk of the Court is directed to issue a summons for this case. 27 /// 28 /// 1 1 3. Service on Defendant shall proceed under the Court’s E-Service program 2 as follows: once a summons is issued, the Clerk of the Court shall deliver to the Commissioner of 3 Social Security and the United States Attorney’s Office at their designated email addresses a 4 notice of electronic filing of the action along with the summons and complaint; the Commissioner 5 has agreed not to raise a defense of insufficient service of process if provided with notice of a 6 complaint as detailed in this order; this order is not intended to prevent parties from making any 7 other motions that are appropriate under the Federal Rules of Civil Procedure. 8 9 4. The Clerk of the Court is directed to serve on Plaintiff the undersigned’s scheduling order in social security cases. 10 11 Dated: June 3, 2024 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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