Gutierrez v. Berryhill
Filing
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ORDER - # 1 IFP Application is GRANTED. Clerk shall FILE the complaint (ECF 1 -2). Clerk shall SERVE Commissioner SSA by sending a copy of the Summons and Complaint by certified mail to: Regional Chief Counsel ; and U. S. Attorney General ( Cert Mail ## 7013 1710 0001 6894 1832, 7013 1710 0001 6894 1849 ) Clerk shall ISSUE a summons to SSA and deliver summons and complaint for service by USM on U.S. Attorney' Office, Reno. ( Summons and complaint to USM on 9 /15/2017. ) Answer to complaint due 60 days after service. Hence forth P shall serve D a copy every pleading submitted for consideration, together with a certificate of service. Signed by Magistrate Judge George Foley, Jr on 9/15/2017. (Copies have been distributed pursuant to the NEF - DRM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MARK F. GUTIERREZ,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting
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Commissioner of Social Security,
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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
(ECF No. 1), filed on September 8, 2017.
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Case No. 2:17-cv-02365-MMD-GWF
BACKGROUND
Plaintiff alleges a claim against the Social Security Administration (SSA), challenging its
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denial of social security disability benefits. Plaintiff alleges that at all times relevant to this action,
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he was disabled as defined by the Social Security Act. Plaintiff claims that the Social Security
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Commissioner, initially and upon reconsideration, denied his requests for disability insurance
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benefits and supplemental security income. Plaintiff states that he timely requested review of the
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ALJ’s decision with the Appeals Council, which was denied on July 5, 2017. Plaintiff now seeks
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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 his application and
Application to Proceed In Forma Pauperis
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complaint as required by 28 U.S.C. § 1915(a). Having reviewed Plaintiff’s financial affidavit
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pursuant to 28 U.S.C. § 1915, the Court finds that Plaintiff is unable to pre-pay the filing fee.
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Therefore, Plaintiff's request to proceed in forma pauperis in federal court is granted.
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II.
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Plaintiff brings suit against the SSA alleging he was wrongfully denied social security
Complaint
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disability benefits. Federal courts only have jurisdiction to conduct judicial review of the SSA’s
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final decisions. See 42 U.S.C. § 405(g); Klemm v. Astrue, 543 F.3d 1139, 1144 (9th Cir. 2008); see
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also Cilifano v. Sanders, 430 U.S. 99, 107–09 (1977). Plaintiff appears to have fully exhausted his
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administrative remedies with the SSA. The Court will therefore allow Plaintiff’s complaint to
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proceed as a petition for judicial review of a final agency decision. Accordingly,
IT IS HEREBY ORDERED that Plaintiff's Application to Proceed In Forma Pauperis
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(ECF No. 1) is granted. Plaintiff shall not be required to pre-pay the full filing fee of four hundred
dollars ($400.00).
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IT IS FURTHER ORDERED that the Clerk of the Court shall file the Complaint (ECF No.
1-2).
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IT IS FURTHER ORDERED that the Clerk of the Court shall serve the Commissioner of
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the Social Security Administration by sending a copy of summons and Complaint by certified mail
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to: (1) Office of the Regional Chief Counsel, Region IX, Social Security Administration, 160 Spear
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Street, Suite 899, San Francisco, California 94105, and (2) the Attorney General of the United
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States, Department of Justice, 950 Pennsylvania Ave. NW, Washington DC 20530.
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IT IS FURTHER ORDERED that the Clerk of the Court shall issue summons to the
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United States Attorney for the District of Nevada, and deliver the summons and Complaint to the
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U.S. Marshal for service.
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IT IS FURTHER ORDERED that Defendant shall have sixty (60) days from the date of
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service to file her 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
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for 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
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their counsel. The court may disregard any paper received by a district judge, magistrate judge, or
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the Clerk which fails to include a certificate of service.
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DATED this 15th day of September, 2017.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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