Sparing v. Astrue

Filing 2

ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis. Clerk of Court shall file the Complaint. IT IS FURTHER ORDERED that Clerk of Court shall serve the Commissioner of Social Security Administration and the Attorney Genera l of the United States with a copy of summons and complaint by certified mail to addresses noted in this Order. IT IS FURTHER ORDERED that the Clerk of Court shall issue summons to the United States Attorney for the District of Nevada, and deliver s ummons and complaint to the US Marshal for service. IT IS FURTHER ORDERED that Defendants shall have 60 days from the date of service to file responsive pleading to complaint. Signed by Magistrate Judge George Foley, Jr on 9/10/12. (Copies have been distributed pursuant to the NEF - EDS)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7
8
9
10
11

THERESA M. SPARING,

)
)
Plaintiff,
)
)
vs.
)
)
SOCIAL SECURITY ADMINISTRATION,
)
)
Defendant.
)
__________________________________________)

Case No. 2:12-cv-01572-JCM-GWF
ORDER
Application to Proceed In Forma
Pauperis (#1) and Screening of
Complaint

12
13
14

This matter is before the Court on Plaintiff’s Application to Proceed In Forma Pauperis (#1),
filed on September 5, 2012.

15

BACKGROUND

16

Plaintiff alleges a claim against the Social Security Administration (SSA), challenging the

17

denial of social security disability benefits. Plaintiff alleges that at all time relevant to this action, she

18

was disabled as defined by the Social Security Act. Plaintiff claims that the Social Security

19

Commissioner, initially and upon reconsideration, denied her request for social security disability

20

benefit. Plaintiff states that she timely requested review of the ALJ’s decision with the Appeals

21

Council, which was denied on July 6, 2012. Plaintiff now seeks judicial review of that final agency

22

decision.

23

DISCUSSION

24

I.

25

Plaintiff filed this instant action and attached a financial affidavit to her application and

26

complaint as required by 28 U.S.C. § 1915(a). Reviewing Sparing’s financial affidavit pursuant to 28

27

U.S.C. § 1915, the Court finds that Plaintiff is unable to pre-pay the filing fee. As a result, Plaintiff’s

28

request to proceed in forma pauperis in federal court is granted.

Application to Proceed In Forma Pauperis

1

II.

2

Plaintiff brings suit against Michael J. Astrue alleging she was wrongfully denied social security

Complaint

3

disability benefit. Federal courts only have jurisdiction to conduct judicial review of SSA’s final

4

decisions. See 42 U.S.C. § 405(g); see also Pacific Coast Medical Enterprises v. Harris, 633 F.2d 123,

5

137 (9th Cir. 1980). Viewing Plaintiff’s complaint, it appears that Plaintiff fully exhausted her

6

administrative remedies with the SSA. The Court will therefore allow Plaintiff’s complaint to proceed

7

as a petition for judicial review of a final agency decision. Accordingly,

8

IT IS HEREBY ORDERED that Plaintiff's Application to Proceed In Forma Pauperis (#1) is

9

granted with the caveat that the fees shall be paid if recovery is made. At this time, Plaintiff shall not

10

be required to pre-pay the full filing fee of three hundred fifty dollars ($350.00).

11

IT IS FURTHER ORDERED that the Clerk of the Court shall file the Complaint.

12

IT IS FURTHER ORDERED that the Clerk of the Court shall serve the Commissioner of the

13

Social Security Administration by sending a copy of summons and Complaint by certified mail to: (1)

14

the General Counsel, Social Security Administration, Room 611, Altmeyer Building, 6401 Security

15

Boulevard, Baltimore, MD 21235 and (2) the Attorney General of the United States, Department of

16

Justice, 950 Pennsylvania Ave. NW, Washington DC 20530.

17

IT IS FURTHER ORDERED that the Clerk of the Court shall issue summons to the United

18

States Attorney for the District of Nevada, and deliver the summons and Complaint to the U.S. Marshal

19

for service.

20
21

IT IS FURTHER ORDERED that Defendants shall have sixty (60) days from the date of
service to file their answer or responsive pleading to Plaintiff’s Complaint in this case.

22

IT IS FURTHER ORDERED that henceforth, Plaintiff shall serve upon Defendant, or their

23

attorney if they have retained one, a copy of every pleading, motion, or other document submitted for

24

consideration by the court. Plaintiff shall include with the original paper submitted for filing a

25

certificate stating the date that a true and correct copy of the document was mailed to Defendant or their

26

...

27

...

28

...
2

1

counsel. The court may disregard any paper received by a district judge, magistrate judge, or the Clerk

2

which fails to include a certificate of service.

3

DATED this 10th day of September, 2012.

4
5
6

______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3