Keaton v. Kijakazi

Filing 4

ORDER.IT IS ORDERED that Plaintiff's Application for Leave to Proceed in forma pauperis (ECF No. 1 ) is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Complaint (ECF No. 1-1) will proceed against Defendant. IT IS FURTHER ORD ERED that the Clerk of the Court must detach and file Plaintiff's Complaint (ECF No. 1-1). IT IS FURTHER ORDERED that the Clerk of the Court must detach and issue the Summonses (ECF No. 1-3). IT IS FURTHER ORDERED that Defendant will hav e sixty (60) days from the date of service to file his answer or responsive pleading to Plaintiffs Complaint in this case. See Order for further details. Signed by Magistrate Judge Elayna J. Youchah on 11/18/2022. (Copies have been distributed pursuant to the NEF - KF)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

CLINTONIA KENDRA KEATON,

5

Plaintiff,

6
7
8

Case No. 2:22-cv-01945-EJY
ORDER

v.
KILOLO KIJAKAZI, Acting Commissioner of
Social Security,
Defendant.

9
10

Before the Court is Plaintiff’s Application for Leave to Proceed in forma pauperis. ECF No.

11

1. Plaintiff challenges the Social Security Administration’s denial of Social Security Disability

12

Insurance benefits.

13

Plaintiff submitted the declaration required by 28 U.S.C. § 1915(a) showing an inability to

14

prepay fees and costs or give security for them. Plaintiff’s request to proceed in forma pauperis is

15

granted.

16

sufficiency. 1 Further, counsel for Ms. Keaton appears to have sought summonses as required

17

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

18

160 Spear Street, Suite 800, San Francisco, CA 94105; (2) the Attorney General of the United States,

19

950 Pennsylvania Avenue, NW, Washington DC 20530; and (3) United States Attorney’s Office for

20

the District of Nevada. If service on any of the above has not been requested, Counsel for Plaintiff

21

is advised to seek service upon such person identified above.

Because Ms. Keaton is represented by counsel, her Complaint is not screened for

22

Accordingly,

23

IT IS HEREBY ORDERED that Plaintiff’s Application for Leave to Proceed in forma

24

pauperis (ECF No. 1) is GRANTED.

25

IT IS FURTHER ORDERED that Plaintiff’s Complaint (ECF No. 1-1) will proceed against

26

Defendant.

27

1

28

Retention of counsel does not preclude in formal pauperis status. Adkins v. E.I. DuPont de Nemours & Co.,
335 U.S. 331, 342-43 (1948); Handley v. Union Carbide Corp., 622 F. Supp. 1065 (S.D. W.Va. 1985).

1

1
2
3
4
5
6

IT IS FURTHER ORDERED that the Clerk of the Court must detach and file Plaintiff’s
Complaint (ECF No. 1-1).
IT IS FURTHER ORDERED that the Clerk of the Court must detach and issue the
Summonses (ECF No. 1-3).
IT IS FURTHER ORDERED that Defendant will have sixty (60) days from the date of
service to file his answer or responsive pleading to Plaintiff’s Complaint in this case.

7

IT IS FURTHER ORDERED that, henceforth, Plaintiff must serve upon Defendant a copy

8

of every pleading, motion, or other document submitted for consideration by the Court. Plaintiff

9

shall include with the original paper submitted for filing a certificate stating the date that a true and

10

correct copy of the document was mailed to Defendant. The Court may disregard any paper received

11

by a district judge, magistrate judge, or the Clerk of the Court which fails to include a certificate of

12

service.

13

DATED this 18th day of November, 2022.

14
15
16

ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2