(SS) Banks v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Dennis M. Cota on 11/25/2024 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)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DAJUANA BANKS,

12

Plaintiff,

13
14
15

No. 2:24-CV-3237-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: November 25, 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