Morgan v. Astrue

Filing 2

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is GRANTED with the caveat that the fees shall be paid if recovery is made. FURTHER ORDERED that the Clerk of the Court shall file the Complaint and serve the Commissioner of t he Social Security Administration and the US Attorney General via certified mail. The Clerk shall issue summons to the United States Attorney for the District of Nevada, and deliver the summons and Complaint to the U.S. Marshal for service. FURTHER O RDERED that Defendants shall have 60 days from the date of service to file their answer or responsive pleading to Plaintiffs Complaint in this case. Signed by Magistrate Judge George Foley, Jr on 2/5/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CAROLYN A. MORGAN,

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Plaintiffs,
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vs.
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COMMISSIONER OF SOCIAL SECURITY
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ADMINISTRATION,
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Defendant.
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__________________________________________)

ORDER
Plaintiff’s Application to Proceed in
Forma Pauperis (#1)

This matter is before the Court on Plaintiff’s Application to Proceed In Forma Pauperis (#1),
filed on February 1, 2013.

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Case No. 2:13-cv-00173-MMD-GWF

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

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

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

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initially and upon reconsideration, denied her request for supplemental security income. Plaintiff states

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that she timely requested review of the ALJ’s decision with the Appeals Council, which was denied on

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December 6, 2012. Plaintiff now seeks judicial review of that final agency decision.

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DISCUSSION

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I.

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

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complaint as required by 28 U.S.C. § 1915(a). Having reviewed Plaintiff’s financial affidavit pursuant

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to 28 U.S.C. § 1915, the Court finds that Plaintiff is unable to pre-pay the filing fee. Therefore,

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Plaintiff's request to proceed in forma pauperis in federal court is granted.

Application to Proceed In Forma Pauperis

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II.

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Plaintiff brings suit against the SSA alleging she was wrongfully denied social security

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

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

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137 (9th Cir. 1980). Plaintiff appears to have fully exhausted her administrative remedies with the

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SSA. The Court will therefore allow Plaintiff’s complaint to proceed as a petition for judicial review of

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a final agency decision. Accordingly,

Complaint

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

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

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

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

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

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

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

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

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

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IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of summons and

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Complaint by certified mail to: Office of the Regional Chief Counsel, Region IX, Social Security

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Administration, 160 Spear Street, Suite 899, San Francisco, California 94105.

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

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

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for service.

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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.

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

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

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

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certificate stating the date that a true and correct copy of the document was mailed to Defendant or their
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counsel. The court may disregard any paper received by a district judge, magistrate judge, or the Clerk

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which fails to include a certificate of service.

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DATED this 5th day of February, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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