(SS) Frazier v. Commissioner of Social Security

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/3/2024 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] (Kyono, V)

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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 DEBRA JEAN FRAZIER, 12 Plaintiff, 13 v. 14 No. 2:24–cv–001781-CKD SS ORDER GRANTING IFP AND DIRECTING E-SERVICE COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 Presently pending before the court is plaintiff’s motion for leave to proceed in forma 17 18 pauperis. See 28 U.S.C. § 1915 (authorizing the commencement of an action “without 19 prepayment of fees or security” by a person that is unable to pay such fees). 1 (ECF No. 2.) 20 Plaintiff submitted the required affidavit, which demonstrates an inability to prepay fees and costs 21 or give security for 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 new e-service procedure for Social Security cases, 2 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 service on the defendant Commissioner of Social Security Administration shall 2 proceed under the court’s E-Service program as follows. Once a summons is 3 issued, the Clerk of Court shall deliver to the Commissioner of Social Security 4 Administration and the United States Attorney’s Office at their designated email 5 addresses a notice of electronic filing of the action along with the summons and 6 complaint. The Commissioner has agreed not to raise a defense of insufficient 7 service of process if provided with notice of a complaint as detailed in this order. 8 This order is not intended to prevent parties from making any other motions that 9 are appropriate under the Federal Rules of Civil Procedure; and 10 11 4. The Clerk of the Court is directed to serve the undersigned’s scheduling order in social security cases. 12 13 14 Dated: July 3, 2024 15 16 2/fraz1781.ss.ifp.e-service 17 18 19 20 21 22 23 24 25 26 27 28 2

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