Duarte et al v. Colvin

Filing 27

Order granting application to proceed in forma pauperis; judicial to determine whether case number 20-cv-0151 is related to case number 16-cv-7142. Signed by Chief Magistrate Judge Joseph C. Spero on February 10, 2020. (jcslc2S, COURT STAFF) (Filed on 2/10/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELIDIA M. DUARTE,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 20-cv-00151-JCS
Also Filed in Case No. 16-cv-07142-EMC
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS

v.
ANDREW SAUL,
Defendant.

SUA SPONTE REFERALL TO
DETERMINE WHETHER CASES ARE
RELATED

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Plaintiff Elidia M. Duarte, pro se, brings this action alleging that Defendant Andrew Saul,

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Commissioner of Social Security, (the “Commissioner”) violated Duarte’s rights under the First

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and Fifth Amendments to the United States Constitution, as well as federal statutes including the

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Administrative Procedures Act, in failing to provide sufficient process for Duarte’s challenge to

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adverse decisions regarding unpaid or purportedly overpaid social security benefits.

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Duarte has filed an application for leave to proceed in forma pauperis. Good cause having

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been shown, that application is GRANTED. Issued of service of process and the sufficiency of

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the complaint under 28 U.S.C. § 1915(e)(2)(B) will be determined separately.

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Duarte filed a previous case against an earlier Commissioner, Carolyn Colvin, raising

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similar claims. That case was assigned to the Honorable Edward Chen, who dismissed Duarte’s

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claims for lack of jurisdiction, holding that Duarte had failed to obtain a final decision from the

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Commissioner before filing a judicial action. See Duarte v. Colvin, No. 16-cv-07142-EMC, ECF

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Doc. No. 24 (N.D. Cal. Jan. 13, 2017). According to Duarte’s complaint, further administrative

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proceedings have occurred since that order, but it is not clear whether Duarte has obtained a final

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decision from the Commissioner.

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This case is REFERRED to Judge Chen to determine whether it is related to case number

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16-cv-07142 pursuant to Civil Local Rule 3-12(c). Duarte may file a response to this order

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supporting or opposing finding the cases related no later than February 14, 2020. See Civ. L.R.

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3-12(c), 3-12(e), 7-11(b).
Duarte, who is not represented by counsel, is encouraged to consult with the Federal Pro

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Bono Project’s Legal Help Center in either of the Oakland or San Francisco federal courthouses

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for assistance. The San Francisco Legal Help Center office is located in Room 2796 on the 15th

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floor at 450 Golden Gate Avenue, San Francisco, CA 94102. The Oakland office is located in

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Room 470-S on the 4th floor at 1301 Clay Street, Oakland, CA 94612. Appointments can be

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made by calling [phone] or signing up in the appointment book located outside either

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office. Lawyers at the Legal Help Center can provide basic assistance to parties representing

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United States District Court
Northern District of California

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themselves but cannot provide legal representation

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IT IS SO ORDERED.
Dated: February 10, 2020
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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