Perez-Lopez v. O'Malley

Filing 5

ORDER. IT IS ORDERED that Plaintiff's 1 request to proceed in forma pauperis is GRANTED. Plaintiff will not be required to pay the filing fee of $405.00. IT IS FURTHER ORDERED that the Clerk of Court must file the complaint. < p>IT IS FURTHER ORDERED that the Clerk of Court shall provide notice of this action to the Commissioner pursuant to Rule 3 of the Supplemental Rules for Social Security. See order for further details. Signed by Magistrate Judge Brenda Weksler on 7/2/2024. (Copies have been distributed pursuant to the NEF - AMMi)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 Emilia Perez-Lopez, Case No. 2:24-cv-01163-BNW 5 Plaintiff, ORDER 6 7 v. Commissioner Of Social Security, 8 Defendant. 9 Before the Court is Plaintiff’s application to proceed in forma pauperis. ECF No. 1. 10 11 I. In Forma Pauperis Application Plaintiff submitted the declaration required by 28 U.S.C. § 1915(a) showing an inability to 12 13 prepay fees and costs or give security for them. Accordingly, Plaintiff’s request to proceed in 14 forma pauperis will be granted. 15 II. 16 Screening the Complaint Upon granting a request to proceed in forma pauperis, a court must screen the complaint 17 under 28 U.S.C. § 1915(e)(2). Given that the concerns underlying the screening requirement of 18 § 1915(e) are obviated by the fact that plaintiff is represented by counsel, the Court finds it is not 19 in the interests of judicial economy to screen the complaint. The Court, therefore, will not enter a 20 screening order. This case shall proceed on the normal litigation track. 21 22 23 24 Based on the foregoing, IT IS ORDERED that: 1. Plaintiff’s request to proceed in forma pauperis (ECF No. 1) is GRANTED. Plaintiff will not be required to pay the filing fee of $405.00. 2. Plaintiff is permitted to maintain this action to conclusion without the 25 necessity of prepayment of any additional fees or costs or giving security for them. This Order 26 granting leave to proceed in forma pauperis does not extend to the issuance of subpoenas at the 27 government’s expense. 28 3. The Clerk of Court must file the Complaint. 1 2 3 4. The Clerk of Court shall provide notice of this action to the Commissioner pursuant to Rule 3 of the Supplemental Rules for Social Security. 5. From this point forward, Plaintiff must serve on Defendant or, if 4 appearance has been entered by an attorney, on the attorney, a copy of every pleading, motion, or 5 other document submitted for consideration by the Court. Plaintiff must include with the original 6 paper submitted for filing a certificate stating the date that a true and correct copy of the 7 document was personally served or sent by mail to the Defendant or counsel for the Defendant. 8 The Court may disregard any paper received by a District Judge or Magistrate Judge that has not 9 been filed with the Clerk, and any paper received by a District Judge, Magistrate Judge, or the 10 Clerk that fails to include a certificate of service. 11 12 DATED: July 2, 2024. 13 14 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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