Colleran v. Colvin

Filing 2

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is GRANTED. The Clerk shall file the complaint, issue summons, and serve the Commissioner of Social Security Administration via certified mail. FURTHER ORDERED that the Clerk of the Court 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 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. Signed by Magistrate Judge George Foley, Jr on 12/19/14. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7
8
9
10
11
12
13

BRIDGET K. COLLERAN,

)
)
Plaintiff,
)
)
vs.
)
)
)
CAROLYN W. COLVIN, Acting
)
Commissioner of Social Security,
)
Defendant.
)
__________________________________________)

Case No. 2:14-cv-01736-GMN-GWF
ORDER
Motion to Proceed In Forma Pauperis#1

This matter comes before the Court on Plaintiff’s Motion to Proceed In Forma Pauperis

14

(#1) filed on October 20, 2014. Plaintiff filed a Complaint for Judicial Review (#1-1) on October

15

20, 2014.

16
17

BACKGROUND
Plaintiff alleges a claim against the Social Security Administration, challenging its denial of

18

social security benefit. Plaintiff alleges that at all time relevant to this action, she was disabled as

19

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

20

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

21

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

22

August 22, 2014. Plaintiff now seeks judicial review of that final agency decision.

23

DISCUSSION

24

I.

25

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

Application to Proceed In Forma Pauperis

26

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

27

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

28

Therefore, Plaintiff's request to proceed in district court without prepaying fees or costs is granted.

1

II.

2

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

Complaint

3

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

4

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

5

F.2d 123, 137 (9th Cir. 1980). Plaintiff appears to have fully exhausted her administrative

6

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

7

petition for judicial review of a final agency decision. Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Proceed In Forma Pauperis (#1) is

8
9
10

granted with the caveat that the fees shall be paid if recovery is made. At this time, Plaintiff shall
not be required to pre-pay the full filing fee of four hundred dollars ($400.00).

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

13

the Social Security Administration by sending a copy of summons and Complaint by certified mail

14

to: (1) Office of the Regional Chief Counsel, Region IX, Social Security Administration, 160 Spear

15

Street, Suite 899, San Francisco, California 94105; and (2) the Attorney General of the United

16

States, Department of Justice, 950 Pennsylvania Ave. NW, Washington DC 20530.

17

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

18

United States Attorney for the District of Nevada, and deliver the summons and Complaint to the

19

U.S. Marshal 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

23

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

24

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

25

for filing a certificate stating the date that a true and correct copy of the document was mailed to

26

...

27

...

28

...
2

1

Defendant or their counsel. The court may disregard any paper received by a district judge,

2

magistrate judge, or the Clerk which fails to include a certificate of service.

3

DATED this 18th day of December, 2014.

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