(SS) Hedrick v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DENELLE MARIE HEDRICK, No. 2:22–cv–2029–KJN 12 Plaintiff, ORDER GRANTING IFP AND DIRECTING E-SERVICE 13 v. (ECF No. 2.) 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 Presently pending before the court is plaintiff’s motion for leave to proceed in forma 18 pauperis. See 28 U.S.C. § 1915 (authorizing the commencement of an action “without 19 prepayment of fees or security” by a person that is unable to pay such fees).1 (ECF No. 2.) 20 Plaintiff submitted the required affidavit which demonstrates an inability to prepay fees and costs 21 or give security for them. See, e.g., Ketschau v. Byrne, 2019 WL 5266889, *1 (W.D. Wash. Oct. 22 17, 2019) (“A person is eligible if they are unable to pay the costs of filing and still provide the 23 necessities of life . . . This generally includes incarcerated individuals with no assets and persons 24 who are unemployed and dependent on government assistance.”). 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is GRANTED; 27 1 Actions involving review of Social Security decisions are referred to a magistrate judge 28 pursuant to 28 U.S.C. § 636(b)(1) and E.D. Cal. L.R. 302(c)(15). ] 2. The Clerk of Court is directed to issue a summons for this case, the undersigned’s 2 scheduling order for Social Security cases, and the court’s order regarding consent 3 to the jurisdiction of a magistrate judge; and 4 3. In keeping with the court’s e-service procedure for Social Security cases, service 5 on the defendant Commissioner of Social Security Administration shall proceed 6 under the court’s E-Service program as follows. Once a summons is issued, the 7 Clerk of Court shall deliver to the Commissioner of Social Security 8 Administration and the United States Attorney’s Office at their designated email 9 addresses a notice of electronic filing of the action along with the summons and 10 complaint. The Commissioner has represented to the court not to raise a defense 11 of insufficient service of process if provided with notice of a complaint as detailed 12 in this order. This order is not intended to prevent parties from making any other 13 motions that are appropriate under the Federal Rules of Civil Procedure. 14 | Dated: November 16, 2022 Aectl Aharon 16 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 17 hedr.2029 18 19 20 21 22 23 24 25 26 27 28