Tagliere v. Commissioner of the Social Security

Filing 6

ORDER. The Court hereby ORDERS as follows, Plaintiffs 5 request to proceed in forma pauperis, is hereby 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 filing fee. See Order for Details. Signed by Magistrate Judge Nancy J. Koppe on 4/26/2021. (Copies have been distributed pursuant to the NEF -cc: Chief Counsel Social Security Admin - JQC)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 ANTHONY NICHOLAS TAGLIERE, Case No. 2:21-cv-00481-NJK Plaintiff, ORDER v. [Docket No. 5] COMMISSIONER OF THE SOCIAL SECURITY, 11 12 Defendant. Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis 13 and has submitted a complaint. Docket Nos. 1, 1-1. 14 I. Application to Proceed In Forma Pauperis 15 Plaintiff has submitted the affidavit required by § 1915(a). Docket No. 5. Plaintiff has 16 shown an inability to prepay fees and costs or give security for them. Accordingly, Plaintiff’s 17 request to proceed in forma pauperis under § 1915(a) is granted. 18 II. Screening the Complaint 19 When a party seeks permission to pursue a civil case in forma pauperis, courts will screen 20 the complaint. See 28 U.S.C. § 1915(e). With respect to social security appeals specifically, judges 21 in this District have outlined some basic requirements for complaints to satisfy the Court’s 22 screening. First, the complaint must establish that administrative remedies were exhausted 23 pursuant to 42 U.S.C. § 405(g), and that the civil action was commenced within 60 days after 24 notice of a final decision. Second, the complaint must indicate the judicial district in which the 25 plaintiff resides. Third, the complaint must state the nature of the plaintiff’s disability and when 26 the plaintiff claims to have become disabled. Fourth, the complaint must contain a plain, short, 27 and concise statement identifying the nature of the plaintiff’s disagreement with the determination 28 1 1 made by the Social Security Administration and show that the plaintiff is entitled to relief. See, 2 e.g., Graves v. Colvin, 2015 WL 357121, at *2 (D. Nev. Jan. 26, 2015) (collecting cases). 3 The Court has reviewed the complaint and finds these elements satisfied in this case. 4 III. Conclusion 5 Accordingly, the Court hereby ORDERS as follows: 6 1. Plaintiff’s request to proceed in forma pauperis, Docket No. 5, is hereby GRANTED 7 with the caveat that the fees shall be paid if recovery is made. At this time, Plaintiff 8 shall not be required to pre-pay the filing fee. 9 2. Plaintiff is permitted to maintain this action to conclusion without the necessity of 10 prepayment of any additional fees or costs or the giving of a security therefor. The 11 Order granting leave to proceed in forma pauperis shall not extend to the issuance of 12 subpoenas at government expense. 13 3. The Clerk of Court is instructed to file the complaint. 14 4. The Clerk of Court is instructed to serve the Commissioner of the Social Security 15 Administration by sending a copy of the summons and complaint by certified mail to: 16 (1) Office of Regional Chief Counsel, Region IX, Social Security Administration, 160 17 Spear St., Suite 899, San Francisco, California 94105-1545; and (2) the Attorney 18 General of the United States, Department of Justice, 950 Pennsylvania Avenue, N.W., 19 Room 4400, Washington, D.C. 20530. 20 5. The Clerk of Court shall issue summons to the United States Attorney for the District 21 of Nevada and deliver the summons and complaint to the U.S. Marshal for service. 22 6. From this point forward, Plaintiff shall serve upon Defendant or, if appearance has been 23 entered by counsel, upon the attorney, a copy of every pleading, motion or other 24 document submitted for consideration by the court. Plaintiff shall include with the 25 original paper submitted for filing a certificate stating the date that a true and correct 26 copy of the document was personally served or sent by mail to the defendants or 27 counsel for the defendants. The Court may disregard any paper which has not been 28 2 1 filed with the Clerk, and any paper received by the Court or the Clerk which fails to 2 include a certificate of service. 3 IT IS SO ORDERED. 4 Dated: April 26, 2021 ______________________________ Nancy J. Koppe United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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